[2016]DLCA5322 • February 26, 2016 • Court of Appeal
MARY L. LAMPTEY AND MR. P. K. ASSAN vs. J. K. ODEI AND MR. BADU.
SOWAH, J.A.: The parties in this appeal will be referred to by their designations at the trial court. Background Facts This appeal is from the judgment of the appellate High Court dated 27th June 2012 which upheld the judgment of the trial court and dismissed the appeal of the 2nd defendant/appellant/appellant. The case originated from the District Magistrates Court, Adjabeng where the plaintiff's/respondents/respondents filed a claim for declaration of title to two plots of land, recovery of possession, general damages for trespass and perpetual injunction. The 1st defendant filed a statement of defence averring that the plots of land in dispute belonged to the 2nd defendant, but the 2nd defendant had authorized him to sell the plots and they had been sold to the plaintiff's. The 2nd defendant in his statement of defence denied selling any land to the plaintiff. He alleged that the plaintiff's connived to sell his land and were trespassers. He counterclaimed seeking that th...