ERIC OMAN MENSAH AND BENJAMIN OBOUR MENSAH vs. MR. PAT YAWSON AND GEORGE EDUSEI-POKU

YEBOAH, JSC:- The respondents in this appeal commenced an action against the appellants as defendant at the High Court, Accra. By the amended writ of summons the plaintiff claimed against the defendants jointly and severally, a declaration of title to the land described in the schedule and other ancillary reliefs. The land the subject matter of the action is at Tudu, South East of Adabraka, Accra. The claim of the plaintiffs is based on the simple ground, that the land was acquired by their grandfather in or about 1911. The said grandfather whose name was not pleaded enjoyed the use of the land and upon his death the land became the property of the father of the plaintiffs’. It was after the death of the plaintiff’s father that the property passed to the plaintiffs’ as successors. It was part of the pleadings and evidence that the statutory declaration covering the land was used to procure a Land Title Certificate covering the land. The cause of action against the d...