MUSAH MOHAMMED, AUGUSTINE BABA NAAB vs. REV. EBENEZER ADOM BARNOR & MRS ANNE ADOM BARNOR & 8 ORS

The 2nd and 7th defendants/judgment debtors applied to set aside an earlier judgment of the High Court dated 18/22 February 2021 on the grounds of fraud, misrepresentation, lack of service, absence of re-entry notice, and the respondents’ alleged lack of capacity as assignors to sue for re-entry after assigning the plots. The applicants contended that they had acquired their respective plots by deeds of assignment from the Upper East Community, had registered those interests, and had remained in possession through caretakers. They claimed they only later discovered that judgment had been entered against them without notice. The respondents opposed the application, arguing that the earlier judgment was final and could only be challenged on appeal. Portion of judgment: “The crux of the Applicants’ claim... is that by two separate Deeds of Assignment... respective plots were granted to them... they subsequently took possession... However, they were informed one day... about a judgment procured against them... without any recourse whatsoever to them... It is Applicants’ case that as assignors, Respondents had no capacity to institute the action... It is also their case that they were not served with any reentry notice... Respondents... are vehemently opposed... on the ground that the judgment delivered herein is a final judgment and cannot be set aside.”