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JUDGMENT
DOTSE, JSC:-
INTRODUCTION
This is an appeal from the Judgment of the Court of Appeal Coram Gyaesayor, Aduama
Osei, and Dzamefe J.J.A dated 12th May, 2016. Being dissatisfied with the judgment, the
Defendants/Appellants/Appellants, hereafter referred to as Defendants have filed this
appeal to the final appellate court through a notice of appeal dated 22nd June, 2016.
RELIEFS CLAIMED BY THE PLAINTIFF IN THE HIGH COURT
The Plaintiff/Respondent/Respondent, hereafter referred to as the Plaintiff by its
amended writ of summons claimed against the Defendants the following reliefs:
a) Declaration of title to all that piece or parcel of land situate and being at Amasaman
and bounded on the North by the properties of Kofi Adjiri, on the South by the
property of Kpakpo-Oti, on the East by the property of Otoo Kwao and on the West
by the property of Nii Armah and covering an area of 229.67 acre more or less and
indicated on a site plan edged Red and showing the measurements.
b) Damages for trespass and destruction of food crops and laying waste of farm lands
c) An order to cancel the registered document registered as NO.R.225/97 later
amended by order of High Court dated 25/7/2013 to No. 767/1999covering an
approximate area of 176.67 acres.
d) Perpetual injunction to restrain the Defendants their assigns, representatives,
agents, servants, and anyone claiming any right or interest through them from
alienating or working on the land, winning sand or in any way doing anything on
the land against the interest of the plaintiff, the subject matter of this suit forever.
THE TRAJECTORY OF THE STATE OF THE PLEADINGS IN THE HIGH COURT
The plaintiff on the 20th of September, 2000 issued out a writ which was accompanied by
a statement of claim.
On the 9th of February, 2005 an amended statement of claim was filed with leave of the
Court granted on 28th January, 2005. The Defendants filed a statement of defence on 6th
November, 2000. On the 15th of February, 2005 the 1st -5th Defendants filed an amended
statement of defence and counterclaim with leave of the court dated 10th February, 2005.
On the 8th of March 2005, the Plaintiff pursuant to leave of the court filed an amended
reply to the amended statement of defence and defence to counterclaim. A second
amended statement of defence by the 1st -5th defendants was filed on the 14th of
February, 2012 pursuant to leave granted on the 14th of February, 2012. The Plaintiff
filed an amended reply to the