[2016]DLCA5166 • April 21, 2016 • Court of Appeal
KOFI AGYEMANG PAYTELL COMPANY LIMITED vs. MANAGING DIRECTOR JAAH ENGINEERING COMPANY LTD
K. A. ACQUAYE, J.A. The plaintiffs/appellants issued a writ of summons claiming against the defendant/respondent a declaration of title to a parcel of land situate at Achimota, Kingsby Hotel area, recovery of possession, ejection of the defendant and cost including legal fees. Upon the failure of the defendant to enter appearance and file a statement of defence the plaintiffs obtained an interlocutory judgment and later gave evidence in proof of his title. The 1st plaintiff testified that he is the Managing Director of the 2nd plaintiff. On 20th April 2006 he obtained an assignment of land from one Charles Martins in the name of the 2nd defendant and he was given a document which he tendered in evidence as exhibit A. The 1st plaintiff testified that the defendant who is in possession of the land has refused to vacate same. He stated that he conducted a search at the Lands Commission which disclosed that the land had been transferred to the 2nd defendant and he tendered a co...