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MAGNUS DE GRAFT MENDS & ORS vs MARY ATTA BOAKYE & ORS

2015

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP SIR DENNIS ADJEI J.A, SITTING AS AN ADDITIONAL HIGH COURT JUDGE

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Probate and Succession

AI Generated Summary

The plaintiff sought to set aside a District Court judgment on grounds of fraud and breach of natural justice. The court found that the plaintiff and his mother failed to exercise diligence in appearing for the hearing and did not prove fraud. In the consolidated suit, the court ruled that the auction of House No. 16 Sowutuom was void due to improper auction procedures and that the property formed part of the intestate estate of the late Samuel De-Graft Mends. The plaintiff's claims in Bmisc 99/2011 were dismissed, while the claims regarding the auction in BFA 35/2011 were upheld, declaring the auction and subsequent sale null and void.

JUDGMENT