[2016]DLCA4883June 7, 2016Court of Appeal

ZEINABU MOHAMMED AND MUJEED MOHAMMED vs. ADISA BOYA

AYEBI, JA 1. On 15th August 2011, the plaintiff/respondent (hereinafter referred to as the plaintiff) sued the defendants/appellants (referred to as defendants simply in this judgment) for: (a) Declaration of title to and recovery of possession of all that plot No.2 Block “U”, Ayigya-Kumasi. (b) An order of perpetual injunction and general damages for trespass. (c) Any appropriate reliefs in the circumstance of this case. 2. Upon the service on the defendants the writ of summons with statement of claim, they in their statement of defence denied the claim of the plaintiff and counter-claimed simply for: (a) An order for perpetual injunction restraining the plaintiff, her agents and assigns from having anything to do with the land in dispute. (b) Costs. 3. Based on the pleadings, the issues set out and set down for trial by the trial judge are: (i) Whether or not the plaintiff acquired the disputed plot from the Hia-Topre Stool. (ii) Whether or not the plaintiff has any val...