[2019]DLHC7092June 3, 2019High Court

NAVAL CAPT. (RTD) OSEI KWAME AND KWASI AFRIYIE (PLAINTIFFS) vs. YAW SEFAH (DEFENDANT)

On 15th June 2006, the plaintiffs filed their writ of summons claiming against the defendant the following reliefs. a) Declaration of title and ownership of the house number plot 4 block 11, Aboabo-Kumasi. b) Damages for trespass c) Perpetual injunction restraining the defendant, his agents or servants, or any other person claiming interest in the property through him from any way interfering with the plaintiffs’ title and possession and occupation in the disputed house and attempting to eject and/or ejecting the tenants and occupants of the said house. The defendant initially filed a statement of defence on 13th July 2006 and counterclaimed against the plaintiffs for certain reliefs. However, on 8th July 2017, the defendant filed an amended statement of defence to the plaintiffs claim but did not repeat the counterclaim. It is therefore deemed that, he abandoned the counterclaim. At the close of pleadings, the issues set down for trial were, 1. Whether or not the plaintif.....