[2017]DLHC16366May 29, 2017High Court

ANTONELLO PETENEL vs UNIQUE ESTATES CO LTD AND OKESON EMMANUEL

JUDGMENT On or about 21st December, 2016, the Plaintiff, upon an application on notice, obtained interlocutory default of defence. Since Plaintiff sought declaration of title he could obtain final judgment only after proving his case as to his title. For that reason, the case was adjourned to offer Plaintiff the opportunity of proving his title. The entry of the Interlocutory judgment together with hearing notice served on the Defendants albeit by substituted service. The service of these processes on Defendants notwithstanding, they failed to attend Court today scheduled for Plaintiff to adduce evidence in prove of his title and assessment of damages. Having been served and yet being abstract, the Court was constrained to proceed to hear Plaintiff. Plaintiff has accordingly adduced evidence to the effect that he had his late wife acquired the disputed land from Nii Akotey IV, Dzasetse and Acting Bortianor Stool in 2005 as per Exhibit “A”. Plaintiff testified further that he to...