NTUMY VRS SQUATTERS (A11/09/2022) [2023] GHACC 687 (11 December 2023)

A writ that describes defendants only as 'Squatters' without proper identification is vague, does not comply with procedural rules, and is a nullity. Any judgment or reliefs based on such a writ are also null and void.

Citation: [2023] GHACC 687
Parties: Plaintiff: Stephanie E. A. Ntumy; Defendants: Squatters
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 11 December 2023
Case Number: A11/09/2022
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's writ and statement of claim struck out as null and void; no judgment entered for Plaintiff.
Legal Topics: Proper Description of Parties, Nullity of Writ, Recovery of Possession, Perpetual Injunction
Source Language: English

Civil Procedure Property Law Proper Description of Parties Nullity of Writ Recovery of Possession Perpetual Injunction

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Parties

Stephanie E. A. Ntumy

Plaintiff

Squatters

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a writ describing defendants only as 'Squatters' is proper and valid
2 Whether reliefs can be granted on a writ with unidentified defendants

Ratio Decidendi

Court Disposition

Plaintiff's writ and statement of claim struck out as null and void; no judgment entered for Plaintiff.

Orders

Plaintiff's writ and statement of claim are struck out as being null and void and of no legal effect.
Judgment in default of appearance granted on 19th July 2022 is set aside.