[2019]DLHC8893November 28, 2019High Court

HARRIET KAI FRYE AND MABEL NAADU FRYE vs. ATAA FEEHI

The Plaintiffs have obtained judgment against the Defendant as follows: (a) That the Plaintiff is adjudged owner of the parcel of land described as No 153 Block 7 section 075 situate lying and being at Teshie near Accra. (b) Recovery of possession of Plaintiffs land aforesaid. (c) An order for perpetual injunction restraining the Defendant whether by himself, agents, assigns, representatives, successors, workmen and whosoever from entering onto or intermeddling with the land. (d) An order removing squatters on the land aforesaid. (e) Costs of GH¢1,000.00. The Judgment has been executed and Plaintiffs have been put in possession of the land adjudged to belong to them. It is established that the Defendant judgment debtor has died. However, the action survives him. See Order 4 rule 6 of the C.I 47. From nowhere one Mary Atswei Klu brings an application through her lawyer not to be substituted for the deceased party but to set aside the judgment given in favour of the Plaintiffs. ....