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JUDGMENT
JUDGMENT.
AKAMBA, J.A: This is an appeal from the judgment of the High Court Nkawkaw
delivered on 25th February 2002 in favour of the plaintiff/respondent and dismissing
the counterclaim by the defendants/appellants.
A brief summary of the background to this case at the trial court will certainly help us
appreciate matters. The plaintiff/respondent (hereinafter simply the respondent)
initiated her claims against the defendants/appellants (hereinafter simply the
appellants) jointly and severally at the Nkawkaw High Court for the following reliefs:
(i) Declaration of title to all that piece or parcel of land situate, lying and being at
Kyemase Abetifi-Kwahu (Plot No 39) with buildings thereon bounded on the North
by a road measuring 100 feet more or less, on the south by plot No 40 measuring 100
feet more or less, on the East by plot No 38 measuring 80 feet more or less, on the
West by a road measuring 80 feet more or less and containing approximate area of
0.24 Acre more or less.
(ii) Recovery of Possession.
(iii) Damages for Trespass
(iv) Perpetual Injunction restraining defendants and all those claiming through them
from entering upon the said land for dwelling or any other purpose.
Even though the appellants were served with respondent’s writ of summons and
statement of claim, they only filed their appearance without filing an accompanying
statement of defence a lapse which prompted the respondents to file for entry of
default judgment which the court accordingly granted. The appellants took steps to
set aside the default judgment and filed a statement of defence and counterclaim to
the respondent’s claims. They counterclaimed as follows:
(a) Declaration of title to all that piece or parcel of land which in (sic) her ancestral
land lying and being at Kyemase Kwahu, Abetifi, in the Eastern Region of Ghana
with the building numbered K 241 measuring 160’00 on the Northern side and
bounded by a lane on that side and on the East measuring 80’00 and bounded by
an ACCESS Road constructed by the 2nd defendant and on the South measuring
160’00 and bounded by a lane on that side.
(b) Recovery of possession.
(c) A perpetual injunction to restrain the Plaintiff, her customary successors, personal
representatives, her assigns and agents and all who claim title from her from
interfering with the land of the 1st defendant.”
FACTS.
The respondent (plaintiff) and the 1st appellant (defendant) are sisters of full blood. The
nd appellant