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JUDGMENT
J U D G M E N T
POKU-ACHEAMPONG, J.A.:
We have before us an appeal by the Plaintiff/Appellant against the judgment of an Accra
High Court, Land Division, dated 11th November, 2021 which went in favour of the
Defendants/Respondents.
In this opinion the parties, shall for reasons of convenience, retain their designations in the
trial court. The Plaintiff/Appellant shall therefore be referred to as the Plaintiff and the
Defendants/Respondents as the 1st Defendant and the 2nd Defendant.
Background:
The Plaintiff by an amended writ of summons filed on 16th January 2020 claimed the
following reliefs against the Defendants:
1. Declaration of title to all that piece or parcel of land lying and being at Tse Addo, La
behind the Ghana International Trade Fair Centre and covering an approximate area
of 0.28 acres or 0.11 hectares more or less and bounded on the North-West by
Lessor’s land measuring 101.2 feet more or less on the South-East measuring 98.1
feet more or less on the North-East by Lesser’s land measuring 123.3 feet more or
less and on the South-West 124 feet more or less.
2. Recovery of possession
3. Damages for trespass
4. Perpetual Injunction restraining the defendants, their servants, agents privies,
assigns workmen and whomsoever from interfering with the land of the Plaintiff.
5. An order to demolish any structure constructed on the land by defendants.
The 1st Defendant entered appearance and filed a statement of defence on the 17/10/2019.
Pursuant to the grant of an application for joinder the 2nd Defendant entered appearance on
30/1/2020 and on 13/2/2020 filed a motion on notice for an order for Plaintiff to file an
Amended Statement of Claim pursuant to Order 11 rule 1(2) of the High Court (Civil
Procedure) Rules, 2004 (C.I. 47.)
On 26th February 2020 Plaintiff filed an Amended Statement of Claim, on 13th March 2020
the first Defendant filed an Amended Statement of Defence and on the 12th May 2020 the
2nd Defendant filed his Statement of Defence (pursuant to an order for joinder granted on
15/11/19) seeking the following reliefs:
i. Declaration of title to all that piece of land, lying and being at La DadekotoponEast and measuring 81.2 feet more or less (North-West) and 90.6ft more or less
(South-East) and 157.00 feet more or less (North-East) 160.1 feet more or less
(South-West)
ii. Recovery of possession of the land
iii. Damages for trespass
iv. Perpetual Injunction restraining the Plaintiff, his servants,