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JUDGMENT
KANYOKE, J.A.: On the 26th day of September 2007, the Plaintiffj Respondent (hereinafter referred to as the plaintiff) took action against the 1st defendant and the 2nd Defendantj Appellant (hereinafter called the 2nd defendant) jointly and severally claiming the following reliefs: tea.
A declaration that HI No.
12 (labeled Plot No.
B. 16) Augustino Neto Road Airport Residential Area, Accra, is the bonafide property of the plaintiff having acquired same from Product ion '. ., ' ~ .. ~'. ,' Engineering (West Africa) Ltd.
by a contract 0 f sale dated 18th May 2007 and subsequent assignment dated 5th June, 2007.
b. A further declaration that HI No.
12 (labeled Plot No.
B.16) Augustino Neto Road, Airport Residential Area, Accra is not one of the properties listed in Volume 2 of the Official Liquidator's List of Properties for Ghana Airways in liquidation.
c. An order directing the Lands Commission to register the assignment executed between plaintiff and its assignor dated 5th June 2007 in its records.
d. Further or other reliefs as in the circumstances may be just including in particular perpetual injunction to restrain the defendants whether by themselves their servants, agents, workmen, assigns whomsoever or otherwise howsoever from interfering with the plaintiffs ownership occupation and possession of HI No.
12 (labeled Plot No.
B.16) Augustino Neto Road Airport Residential Area, Accra.
e. Costs." The defendants resisted the action and filed a joint statement of defence and counterclaim which was subsequently amended.
This was in pursuance to or following an amended statement of claim and the endorsement filed by counsel for the plaintiff upon leave of the court.
The plaintiff also filed a Reply to the amended statement of defence and counterclaim.
At the close of pleadings, the following issues in the summons for Directions were set down for trial and determination: "l.. Whether or not the plaintiff is the owner of HI No.
12 (labeled as Plot No.
B.16) Augustino Neto Road, Airport, Accra.
n. Whether or not HI No.
12 labelled as Plot No.
B.16 Augustino Neto Road, Airport, Accra is the same as HI No.
10 Augustino Neto Road, Airport, Accra.
iii.
Whether or not HI No.
12 labelled as Plot No.
B.16 Augustino Neto Road, Airport, Accra was included in the landed property in Volume 2 of the Liquidator's list for the now defand Ghana Airways.
v. Any further issue arising from the pleadings ... " At the conclusion of the trial and fili