Try asking the following...
JUDGMENT
JUDGMENT
Welbourne, JA
INTRODUCTION:
On 11th October, 2010 the Plaintiff therein commenced an action against the Defendants therein in the District Court, Community Centre, Accra in respect of a piece of land situate at Abeka, Accra claiming the following reliefs:
1. An order for the immediate recovery and ejectment of the Defendants from the piece or parcel of land which forms part of the Plaintiff’s land and House No. B 1129/24 Abeka, Accra and which said land the Defendants have unlawfully built on a portion thereon two (2) rooms without the permission, consent and knowledge of the Plaintiff;
2. General Damages for trespass;
3. An order for perpetual injunction restraining the Defendants, their assigns, agents and whomsoever from claiming any little or interest on Plaintiff’s land the subject matter of this action; and
4. Cost.
On 26th October, 2010, the Defendants filed a Defence and Counter-claimed for:
i. Declaration of title to all that piece of land covering 0.20 acres of land more particularly described in a lease dated 19th May, 2005.
ii. Perpetual injunction restraining the Plaintiff, her agents, servants, assigns and successors in title from ever interfering with the Defendants’ property.
In a judgment dated 9th February, 2012, the District Court, Accra gave judgment in favour of the Plaintiff and granted all her reliefs and this Judgment can be found at pages 126 -138 of the Record of Appeal.
Dissatisfied and aggrieved by the said Judgment, the Defendants therein filed an Appeal on 5th March, 2012, in the High Court, Accra against the District Court’s Judgment. This can be found at page 141 of the Record of Appeal.
The High Court, Accra on 12th October, 2016 allowed the Appeal and granted the Respondents’ Counter-claim. This Judgment can be found at pages 239 – 256 of the Record of Appeal.
BRIEF FACTS:
The facts of the case according to Counsel for the Plaintiff are that, the Plaintiff filed a Writ of Summons, accompanied by a nine (9) paragraph Statement of Claim. The Plaintiff subsequently filed a Reply and Defence to the Counter-claim on the 20th December, 2010 in which she alleged fraud but at the trial gave no evidence about the fraud.
At the hearing, the Plaintiff called two witnesses including her grantor. According to the Plaintiff, she acquired the land in dispute in 1974 from the Asere Stool and registered the land at the Land Title Registry as No. GA 15053. Vol 125 Folio 542. The land certificate dated 3rd March,