DR. KWAME ADU-GYAMFI & ANOR VS TOMMIE AMIDU & ORS

BACKGROUND

By a Writ of Summons (and accompanying Statement of Claim) filed on 23rd March 2020, the Plaintiffs commenced the instant action seeking the following reliefs against the Defendants:

a) “A declaration of title in all that piece or parcel of land described in paragraph 7 of the Statement of Claim;

b) A declaration that the purported alienation of the disputed land to the 3rd Defendant by the 2nd Defendant is unlawful and thus, same is null and void; c) A declaration that the entry unto the disputed land by the 1st and 2nd Defendants constitute trespass; d) A declaration that the entry unto the disputed land and the development of same by the 3rd Defendant constitutes trespass; e) An order of perpetual injunction, restraining the 1st, 2nd and 3rd Defendants, their agents, workmen, assigns and or any person(s) howsoever described and claiming through the said Defendants, from trespassing or in any other way interfering with the Plaintiffs’ interest in the land in issue; f) An order of perpetual injunction directed at the 4th Defendant to cease title registration processes in favour of the 2nd and 3rd Defendants in respect of the land in issue and expunge any record that connects the 2nd and 3rd Defendants to the land in issue; g) Damages against the 1st, 2nd and 3rd Defendants for trespass on the land; h) Recovery of the sum of Sixty Thousand Ghana Cedis (GHC 60, 000. 00) from the 1st and 2nd Defendants, being the cost of the construction of the footings/foundation destroyed by the said Defendants and/or their agents; i) Cost inclusive of Solicitors’ fees. ”The Plaintiffs filed an ex parte application for interim injunction on 23rd March, 2020 which was granted by the Court on 26th March 2020; and subsequently, the Plaintiffs’ motion on notice for Interlocutory Injunction against the 1st to 4th Defendants was also granted on 12th April 2021. On 17th June 2020, the 4th Defendant entered appearance and eventually filed its Statement of Defence on 24th March 2022. However, the 1st to 3rd Defendants neither entered appearance to the suit nor filed a Statement of Defence.

The Plaintiffs subsequently filed an application on 14th July 2021 to set down the suit for trial in respect of the reliefs endorsed on the Writ of Summons and Statement of Claim, following which the Court made an order setting the suit down for trial on 27th January 2022. Pursuant to the said order of the Court, the Plaintiffs filed their Witness Statement and PreTrial Checklist o