ODOI AND ANOTHER vs. HAMMOND

This is an appeal by the defendants from the judgment of Apaloo J.A., sitting as an additional judge of the High Court, dated 23 October 1967, whereby he gave judgment for the plaintiff with costs and other consequential reliefs. The claim of the plaintiff-respondent (hereinafter called the plaintiff) against the defendants-appellants (hereinafter called the defendants), as stated in his writ of summons, was for: “(1) A declaration of title to all that piece or parcel of land situate lying and being at Kotobabi Accra and bounded on the north by Osu stool land measuring 140 feet on the south by a proposed road measuring 140 feet on the east by plaintiff ‘s land measuring 100 feet and on the west by a proposed road measuring 100 feet. (2) £G500 damages for trespass. (3) Perpetual injunction against the defendants, their servants, workmen and agents from entering the said land.” The statement of claim endorsed on the writ and of the statement of defence are both important an...