OKONTI BORLEY & ANOTHER (PLAINTIFFS/RESPONDENTS) vs. HAUSBAUER LIMITED (DEFENDANT/APPELLANT)

KUSI-APPIAH, J.A. The respondents to this appeal, Okonti Borley and Okonti Bortey (hereinafter called the plaintiffs) brought an action at the High Court, Accra against the Appellant herein, Hausbauer Limited (hereinafter called the Defendant) for declaration of title to a piece or parcel of land lying and being at South Nmai Dzorn in the Greater Accra Region covering an approximate area of 132.25 acres. In their statement of claim, the plaintiffs pleaded that they were bringing the action as Principal Elders of the Okonti Bortey and Okonti Borley Family of Nungua. Apart from the declaration, they also sought recovery of possession of the said land, general damages for trespass and an order for perpetual injunction against the defendant and its privies. The facts which gave rise to the case are as follows: The plaintiffs who describe themselves as principal elders of Okonti Borley and Okonti Bortey family of Nungua claimed that their great-grandfather, one Borquaye, the Okonti...