BUILDAF LIMITED AND 2 OTHERS vs. THE TRUSTEES OF THE CATHOLIC CHURCH

F.G.KORBIEH, J.A. The facts of the case leading to this appeal may be briefly narrated as follows: the plaintiffs/respondents (hereinafter referred to only as the respondents) first sued the first two defendants/appellants in the High Court, Accra on the 8/1/2007. The writ of summons and statement of claim were subsequently amended on the 7/5/2009 although with no substantive changes in either the reliefs sought or the pleadings of the respondents. This time the claim was against the three defendants/appellants herein (who shall hereinafter be referred to only as the appellants) and were three reliefs, namely (a) damages for trespass; (b) perpetual injunction to restrain the defendants, their assigns, privies, workmen and servants from dealing in any way whatsoever with the plaintiff’s land in any way howsoever described and (c) costs of the action including counsel’s fees. In the accompanying statement of claim, the respondent averred, among other things, that the predecessor of...