SAMDY METALS LIMITED vs. ALHAJI ABDUL KADIRI AND 2 OTHERS

SOWAH, J.A: In this judgment, the appellants shall be referred to as the defendants while the respondent will be referred to as the plaintiff or the plaintiff company. On 28th October 2010, the Accra High Court delivered a judgment against the defendants, dismissing its counterclaim and granting the plaintiff company all the reliefs it had sought in its writ of summons, namely, declaration of title to the land in dispute, perpetual injunction, GH¢10,000.00 as general damages for trespass and costs of GH¢2,000.00. Being dissatisfied with the outcome of the trial, the defendants have filed this appeal, asking that the whole judgment be set aside and judgment entered for the defendants. The background facts which culminated in this appeal are as follows: The plaintiff, purporting to be a limited liability company, instituted action in December 2004 against the late Alhaji Abdul Aziz, the defendants predecessor in title at the Circuit Court for declaration of title among other r.....