FREDERICK YAW AGYAKWA SOMUAH & ORS v. NII ODAMATEY & ORS

LOVELACE-JOHNSON (MS.) JSC:-

The designation of the parties at the high court will be maintained in this appeal.

By a writ dated 2nd September 2011, the plaintiffs issued the present writ against the 1st defendant for the following reliefs

a. A declaration of title of all that piece or parcel of land situate at Ashaaladza near Kasoa, Accra and bounded on the North by lessor’s land measuring 450 feet more or less on the East by a Proposed Road measuring 880 feet more or less on the south by Proposed Road measuring 450 feet more or less on the west by Proposed Road measuring 880 feet.

b. Recovery of possession

c. Damages for trespass

d. Perpetual injunction

e. Cost

The 1st defendant denied the plaintiffs claim by a statement of defence filed on 22nd November 2011, which was later amended on 20th February 2013. By an order dated 20th March 2013, the 2nd defendant was joined to the suit as such. He filed a defence to the amended statement of claim of the plaintiffs on 18th April 2013 and counterclaimed for

a. Declaration of title to land described in schedules below

b. Recovery of possession of any portion of 2nd defendant’s land trespassed unto by the plaintiffs and 1st defendant and that any offending structures placed on the land be removed at cost to the plaintiffs and 1st defendant

c. Damages for trespass

d. Perpetual injunction restraining the plaintiffs and 1st defendant, their agents, assigns and workmen from dealing with the land in dispute in any way detrimental to interest of 2nd defendant.

Schedules A, B and C described the three parcels of land 2nd defendant was counter claiming for.

At the end of the hearing, the high court entered judgment for the plaintiffs in the terms sought in their writ, as reproduced above.

Dissatisfied with this, both defendants filed notices of appeal on 9th December 2013 and 18th December 2013 respectively but it was the 2nd defendant which prosecuted its appeal and by way of relief sought the setting aside of the judgment of the high court and the entry of judgment for them instead.

The court of appeal by a judgment dated 13th May 2020 allowed the 2nd defendant’s appeal, set aside the judgment of the high court and entered judgment for the 2nd defendant in respect of their counter claim.

Dissatisfied with this judgment, the plaintiffs have appealed to this court for the setting aside of the court of appeal judgment on the following grounds

a.The judgment is against the weight of evidence

b.The Court