[2019]DLHC9126 • January 15, 2019 • High Court
MILPAR INVESTMENTS & DEVELOPER LTD AND NII ASHITEY CHURCHILL ARMAH vs. ALFRED NII QUARTEY-PAPAFIO, JOSEPH KWATE QUARTEY-PAPAFIO. ERNESTINA KWAKOR QUARETY-PAPAFIO, KING ODAIFIO WELENTSI (III), MAX ESTATES LTD AND NTHC/ERIC ODAI ESTATES LTD
[1] In their amended writ of summons and statement of claim, the Plaintiffs asserted that by a deed of assignment dated 12th April 2011, the 1st Plaintiff, acting by its managing director, the 2nd Plaintiff, acquired a large parcel of land measuring 126.038 acres from the 1st, 2nd and 3rd Defendants, who are administrators of the estate of the late Benjamin Quartey-Papafio. [2] Plaintiffs’ case is that, in a suit to which they were not parties, the 1st, 2nd and 3rd Defendants executed terms of settlement with the 4th Defendant. The said terms of settlement, which was adopted as consent judgment, affected Plaintiff’s interest in the land subject matter of the said deed of assignment. [3] Plaintiffs claim that the conduct of the 1st, 2nd and 3rd Defendants amounts to fraud in that they knew or ought to have known that having divested themselves of any interest in the land, subject matter of the said deed of assignment, they had no right to make it part of the subject matter ...