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JUDGMENT
KANYOKE, J. A. : On the 20th day of October 2004, the plaintiff/appellant, a religious institution registered under the laws of Ghana, with its head office at Adenta, Accra, instituted action at the High Court, Accra, against the defendants/appellants seeking the following reliefs: 1) A declaration of title to a piece or parcel of land subject-matter of this suit 2) Recovery of possession 3) Damages for trespass 4) Perpetual injunction and an 5) Order to expunge the defendant’s documents from the record of the Lands Department (Commission) in respect of the land in dispute.
The defendants/appellants resisted the action and filed a joint statement of defence and counter claim in which they also counterclaimed against he plaintiff for general damages for trespass and for causing damage to the defendants building structures and materials on the said land.
Subsequently, the defendants/appellants sought leave and amended the statement of defence and counterclaimed for the same reliefs supra, in respect of a large portion of land that included the portion claimed by the plaintiff/respondent.
The defendants/ appellants laid claim to the large portion of the land on the basis of a grant made to them per a document (lease) dated 12th April 2004 by the then head and principal members of the same Ashalley Botwe family of Accra.
At the close of pleadings, the following issues and additional issue were set down for trial. “i Whether or not the plaintiff acquired the land in dispute by a lease dated 1st April, 2000 made between Nii Ansah Nikoi, Numo Clement Bortie Kodzo, Numo Joseph Nii Koi Ashalley, Numo Batholome Kotey Djane and Madam Akurkor Franta of the one part and the plaintiff on the other part.
ii Whether or not the parties named in the plaintiff’s lease are the proper persons who have the capacity to alienate Ashalley Botwe family land.
iii Whether or not the defendants had their land leased to them by Nii Ebenezer Nii Koi Kotei.
iv Whether or not Nii Ebenezer Nii Koi Kotei is the head of the Ashalley Botwe family and whether or not he has the authority to dispose of Ashalley Botwe lands.
v Whether or not the plaintiffs land document is stamped as No. LV59383/04 and registered at the Land Title Registry with Yellow Card No. 000568/04. vi Whether or not upon the death of Cephas Ashalley Nii Koi, Nii Ebenezer Nii Koi Kotei could sign documents instead of the late Cephas Ashalley Nii Koi.
vii Whether or not the defendants lease dated 12th April, 2004 and