SAMUEL OBLIE & 2 ORS. vs. TETTEH LANCASTER

MARIAMA OWUSU, J.A: On 30-7-2010, the High Court, Accra, dismissed the plaintiffs’ claim against the defendant. The Court gave judgment for defendant on his counterclaim as follows; 1. Declaration of title to the land in dispute. 2. Perpetual Injunction restraining the plaintiffs, their agents, assigns etc. 3. Recovery of possession and General Damages of GH¢2,500. 4. The Court also awarded cost of GH¢8,000 against the plaintiffs. Dissatisfied with the decision of the High Court, the plaintiffs appealed to this Court on the following grounds. A. The Judgment is against the weight of evidence. B. The Learned Judge erred in ruling on matters which were neither set down for trial nor disclosed by the pleadings i.e. [i] Limitation. [ii] Title of Kpobi We Family. C. The Learned Judge erred in declaring title for the defendant personally when his whole evidence and exhibits are to the effect that the land is his family land. D. The Learned Judge erred in declaring title fo...