[2012]DLCA8618March 28, 2012Court of Appeal

NANA YAW OWUSU, PAUL NYANTAKYI AND MADAM ELLEN MENSAH vs. HYDROFORM ESTATES LTD

OFOE, J.A: The appellants lost their case before the trial High Court and have appealed to this court seeking a reversal of the judgment and in its place give judgment in their favour. In the trial court they sought for a perpetual injunction restraining the defendant/respondent company from interfering with their quiet enjoyment and possession of the land in dispute. The defendant/respondent fought the case with a counterclaim which they won. Their counterclaim was for a declaration of title to the parcel of land of which the land in dispute forms a part, recovery of possession of all that part encroached upon by the plaintiffs, an order for demolition of all structures the plaintiffs have erected on this land, damages for trespass and costs. We will refer to the appellants as the plaintiffs and the respondent as the defendant i.e. the description they bore at the trial High Court. What were the respective cases they put before the trial court? But before then what grievances did th...