JUDGMENT OF OSEI-HWERE J.
By the indorsement on their writ the plaintiffs sue for:
(1) A declaration that the plaintiffs are the rightful owners of all that piece or parcel of land more particularly described in the accompanying statement of claim.
(2) A declaration that the plaintiffs are entitled to the structures and the wall unlawfully erected by the defendants on and around the plaintiffs' said land.
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(3) Perpetual injunction restraining the defendants, their servants or agents or whosoever otherwise from entering the plaintiffs' said land and committing further acts of trespass thereto.
(4) Damages for trespass.
In the accompanying statement of claim, the plaintiffs aver that their father acquired the plot of land in dispute which is situated at Lartebiokorshie, Accra from the Sempe stool. Their father devised this plot to them and their sisters and a brother under his will. On his death, probate of the will was granted to the named executors on 16 October 1961. It has been pleaded in paragraph (8) of the statement of claim that the surviving executor of the will has not yet assented to the vesting of the said plot in the plaintiffs and their said sisters and brother, and the plaintiffs bring the action for and on behalf of themselves and their sisters and brother as beneficial owners. The defendants entered conditional appearance to the writ, and they have brought this motion to dismiss the action.
The defendants' supporting affidavit makes articulate the following matters:
“(3) That the defendants entered the said plot of land as far back as 1977 as the tenants of Mrs Gladys Dagadu and have since remained tenants on the said land.
(4) That the said plot of land was given to the defendants by Mrs Gladys Dagadu, mother of the plaintiffs herein through Madam Ameley Stevens, caretaker of the said land.
(5) That soon after the defendants entered the said plot of land the first plaintiff contacted them in respect of the said land and the defendants informed the first plaintiff that they were in lawful occupation of the said plot of land as the tenants of the plaintiffs' own mother, Mrs Gladys Dagadu, with Madam Ameley Stevens as the caretaker of the said plot.
(6) That upon the above explanation the first plaintiff left the defendants in peaceful occupation of the land until 27 July 1981, after the defendants had developed the land into a restaurant and a bakery.
(7) That on the date stated in paragraph (6) above, the defendants rec
