JUSTICE ANUM KONNEY & 2 ORS VRS NII BOTCHWEY NOI & ANOR

I. INTRODUCTION & PROCEDURAL HISTORY:

[1] This Appeal originates from a Writ of Summons and an accompanying Statement of Claim filed on 15th July, 2011 by the Plaintiffs/Respondents (hereinafter referred to as “Plaintiffs”) against the Defendants/Appellants (hereinafter referred to as the “Defendants”) in the Circuit Court, Accra. By the said Writ of Summons and accompanying Statement of Claim, the Plaintiffs claim against the Defendants the following reliefs:

“i) A Declaration of Title to all that piece or parcel of land lying and being at in the LA, Accra, in the Greater Accra Region and bounded on the North by Adjelleys land measuring 45 feet more or less, on the East by Konney’s property measuring 130 feet more or less, on the West by Oko’s property measuring 105 feet more or less on the South by proposed road measuring 60 feet more or less and containing an approximate area of 0.177 Acre more particularly delineated on the Plaintiff’s Site plan

ii) Damages for trespass on the said land.

iii) Further or other reliefs as in the circumstance may be just including in particular, perpetual Injunction to restrain the defendant whether by themselves, their servants, agents, assigns, workmen, whomsoever or otherwise howsoever, form trespassing or interfering with the Plaintiff’s ownership, possession or occupation.

iv) Costs”

[2] The Plaintiffs, per their pleadings, claim to be descendants of the late Asafoatse Kojo and beneficiaries of his estate, which includes all that piece or parcel of land situate and lying at La – Accra. This estate is more particularly described in their reliefs reproduced above. According to the Plaintiffs, the late Asafoatse Kojo granted portions of the land to Adjelley as a gift during his lifetime. Adjelley subsequently granted the gifted land to his sister, Adjorkor.

[3] The Plaintiffs assert that the Defendants have no valid legal claim to the disputed land and have trespassed on the land, ignoring repeated appeals to cease their unlawful actions. Despite this fact, the Defendants remain in occupation of the land and continue to assert adverse claims over it. Furthermore, the Defendants have unlawfully sealed off the land and commenced construction, causing significant distress and inconvenience to the Plaintiffs. The Plaintiffs maintain that the Defendants will not cease their acts of trespass unless compelled by the Court.

[4] Ac