CHARLES YARNIE & ORS vs SOLOMON NII DODOO NYANKUAO & ANOR

INTRODUCTION

Plaintiffs claim is for the reliefs indorsed on the Plaintiffs’ writ of summons and Statement of Claim filed on 1st September, 2023.

a) A Declaration of title in favour of the Plaintiffs over ALL THAT PIECE OR PARCEL bounded on the North-East by Lessor’s land measuring 340 feet more or less on the South-East by Lessor’s land measuring 192 feet more or less on the South-West by Lessor’s land measuring 340 feet more or less and on the North-West by Lessor’s land measuring 192 feet more or less as per the Plan attached which shows the relevant measurements.

b) A perpetual injunction against the 1st and 2nd Defendants preventing them, their agent and assigns and all persons claiming an interest in the disputed land through them from encroaching the land.

c) Damages for trespass.

d) Cost, including legal fees.

The 1st Defendant was served with the writ of summons on the 6th day of December, 2023 and notwithstanding the fact that there is no proof of service on the 2nd Defendant, Lawyer Peter Kwaku Nti filed an entry of conditional appearance on behalf of the Defendants on 16th October, 2023.

It is therefore trite that Lawyer Peter Kwaku Nti having entered appearance on behalf of the Defendants presupposes that 2nd Defendant instructed Lawyer Peter Kwaku Nti to do so on his behalf to defend the suit.

The entry of conditional appearance crystalized into unconditional appearance after the provisions pertaining to the time frame elapsed and Counsel for Plaintiff invoked the jurisdiction of this court by filing a motion on notice for interlocutory judgment in default of defence against the Defendants on 9th August, 2024 and there is proof of service on Counsel for Defendants dated 24th September, 2024 and proof of service of a hearing notice dated the same day.

Counsel for Plaintiff moved his motion on notice for interlocutory judgment in default of defence against the Defendants on 5th November, 2024 and interlocutory judgment was entered in favour of Plaintiffs against the Defendants on same day.

This court made consequential orders that Defendants should be served with a hearing notice and court notes of 5th November, 2024

On the same 8th November, 2024 a hearing notice was issued by Counsel for Plaintiffs and served on Counsel for Defendants on 13th November, 2024 and the court notes of 5th November, 2024 was served on Counsel for Defendants on 29th November, 2024

Notwithstanding the hearing notices served on Counsel for Def