FREDERICK YAW AGYARKWA SOMUAH, ADAMS ADDY AND ADU ADDY vs. NII ODAMETEY AND F. K. COMPANY

SUURBAAREH, JA This is an appeal against the judgment of the High Court, Accra, in which the trial Court entered judgment for the Plaintiffs/Respondents, whilst dismissing the counterclaim of the 2nd Defendant/Appellant. The facts that gave rise to this appeal are not in much dispute. The Plaintiffs/Respondents initially issued out a writ against the 1st defendant seeking against him a declaration of title to a piece of land at Ashaladza, near Kasoa; recovery of possession, damages of trespass as well as an order for perpetual injunction, as land belonging to the 2nd and 3rd Plaintiffs/Respondents’ Akwanor family of Ashalaja. The 1st defendant, who in his defence denied the Plaintiffs/Respondents’ claim, went on to contend that the disputed land, situated at Afioaka, was acquired by the Ngleshie chief and that it shared boundary with Ashalaja and Danchira to the North and South respectively. The Plaintiffs/Respondents, who later amended their statement of claim, averr...