Patrick Lomo Mensah v. Agartha Awah and 2 Ors

By the endorsement on the amended Writ of Summons and Statement of Claim filed on 2nd September, 2011, the reliefs sought by the Plaintiff against the Defendants are: “(i) A declaration that the rulings of the Circuit Court dated 26th day of August, 2005 and 15th day of March, 2010, were void.

ii) A declaration that the entry of judgment dated 9th March, 2009 in Suit No. CBC 265/2003 in the Circuit Court was void: (a) For noncompliance with the orders of the Circuit Court for substituted service of the Writ of Summons on the Plaintiff (therein 2nd Defendant)and substituted service of the Entry of judgment on the Plaintiff (therein 2nd Defendant), or(b) For service by substitution of the Writ of Summons on Plaintiff (therein 2nd Defendant), a resident outside the jurisdiction.

c) By fraudulent representation of facts in the pleadings of the suit, or(d) On the grounds of (a), (b), (c) and (d) above.

iii) A declaration that the Plaintiff performed his contract with the 1st Defendant herein and is not owed money by the 2nd Defendant herein (therein 1st Plaintiff)and or a declaration that the cause of action of the 1st Defendant against the Plaintiff is statute barred.

iv) A declaration that Plaintiff had no dealings with the 2nd Defendant herein(therein 2nd Plaintiff and or a declaration that the cause of action of the 2nd Defendant against the Plaintiff at the time of issuance of the writ at the Circuit Court was statute barred.

v) A declaration that the attachment and purported public auction of the house is void for all or any reliefs herein.

vi) Perpetual injunction to restrain the Defendants, their agents, servants, assigns, privies, workmen and anybody claiming through the defendants from dealing with or otherwise interfering with the possession of the attached house or claiming to be owed by the Plaintiff.

vii) Costs(viii) Any other reliefs the Honourable Court may deem fit to make. ”Around 1996, one Alhaji whom neither side called to testify introduced the first Defendant to the Plaintiff over the desire of the first Defendant to purchase land.

A transaction took place between the two.

According to the Plaintiff, she purchased two plots of land for herself and her twin sister, the second Defendant from the Plaintiff.

The Plaintiff however claims to have sold two plots of land, one of which was paid for to the first Defendant.

First Defendants case is that she encountered rival claimants to the land the first being one Esther and then Kwadwo