[2015]DLCA8322March 26, 2015Court of Appeal

REV. ERIC AMPOFO AND MRS. JUDITH AMPOFO vs. JONES OFORI ATTA AND MAXWELL ABOAGYE FRIMPONG

In this judgment, the Plaintiffs/Respondents will be called “the Plaintiffs”, and the Defendants/Appellants will be called “the Defendants”. By their writ of summons issued in the Fast Track Division of the High Court, Accra, on the 28th of January, 2013, the Plaintiffs sought an injunction order to restrain the Defendants from entering upon or doing anything on a parcel of land situate at Achimota in Accra, and containing an approximate area of 0.09 acre. They also claimed damages for trespass against the Defendants in respect of the said parcel of land. In the statement of claim that accompanied the writ of summons, the Plaintiffs asserted ownership of the disputed land and the house constructed thereon and explained that the house had been constructed on the land for them by the 1st Defendant under a building contract. They alleged that even though the 1st Defendant had duly conveyed the disputed land with the house thereon to them, the 2nd Defendant had been visiting ...