MARVIS ARYEE vs. RICHARD NOEL DIABA AND RICHARD NOEL DIABA vs. STATE INSURANCE COMPANY LTD & MAVIS ARYEE

JUDGMENT BRIGHT MENSAH JA: My Lords, this case has had a very chequered history. The plaintiff, Mavis Aryee in the first suit on November 25, 1997 caused to be issued in the registry of the High Court, Accra (Land Division) against the defendant Richard Noel Diaba, a writ of summons registered as Suit No. L635/97) claiming the reliefs listed here below: 1. A declaration of title to all that piece of land situate at Kisseman, Accra and known as Parcel Number 23, Block 9, Section 160, Kisseman. 2. General damages for trespass. 3. Perpetual injunction restraining defendant, his agents, servants, assigns and persons claiming through him from entering the said land or in any way dealing with the said land. See: pp 1-2 of Vol. 1 of the record of appeal [roa]: Filed the same day along the writ of summons were a statement of claim and a motion exparte for interim injunction. See: pp 3-12 Vol. 1 [roa]. The records show that the lower court granted the motion exparte for ...