[2019]DLHC9133July 5, 2019High Court

NII DZAASE AKOTEY IV AND NII OGBAMEY ANKONAM I vs. NII KWASHIE GBOLOR IV, FAYSONS CO. LTD AND THE LANDS COMMISSION

Before me is an application filed by counsel for the 1st Plaintiff/Applicant for an order of interlocutory injunction to restrain the 2nd Defendant/Respondent, essentially, from executing its judgment obtained against the affected parties in Suit No. SOL/35/10, on the grounds that the judgment was obtained by fraud. In the affidavit in support of the instant application, the 1st Plaintiff/Applicant stated that he is the Dzasetse and acting chief of Bortianor. According to the Applicant, the subject matter of Suit No. SOL/35/10 was Bortianor stool land and the Defendants therein were grantees of the said stool. The Applicant claims that the 2nd Defendant fraudulently obtained judgment against its grantees knowing fully well that the land, subject matter of the said suit, belonged to the Bortianor stool and not to the Ngleshie Amanfrom stool. He is therefore praying the court to restrain the 1st and 2nd Defendants from dealing with the land in dispute pending the determination of th...