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HONYENUGA, J.A.
This is an appeal by the defendant and co-defendants/appellants (hereinafter called the appellants) against the judgment of the High Court, Accra dated the 14th day of February, 2008.
The said judgment decreed title, recovery of possession and perpetual injunction against the appellants and in favour of the plaintiffs and co- plaintiffs/respondents whom I shall refer to as the respondents in this appeal.
The facts of this appeal are that the parties are close blood relations.
1st respondent is the aunt of the deceased defendants and the 2nd respondent is a cousin of the deceased defendants.
The parties trace their history through a common ancestry.
While the respondents claimed the land and the house in dispute through Lante Aku, the appellants claimed same through Lante Kofi. Lante Aku and Lante Kofi were half brothers.
While the mother of Lante Aku came from the Abafum Quarter of La, the mother of Lante Kofi came from the Volta Region.
All attempts to have the title to the properties resolved ended in a fiasco.
As a result the respondents caused the instant writ of summons which was amended to be issued claiming as follows:-
”1. Declaration of Title to all that piece or parcel of land and buildings thereon more particularly described in the Schedule attached hereto.
2. Recovery of possession of the land and buildings thereon more particularly described in the Schedule attached hereto.
3. General Damages for trespass committed by the defendant on the plaintiffs’ land.
4. Perpetual Injunction restraining the defendant whether by himself, his servants, agents, privies, workmen, assigns or otherwise howsoever from entering, developing or dealing with the said piece or parcel of interfering in any way whatsoever with the plaintiffs ownership, possession and occupation of the said land.
SCHEDULE ABOVE REFERRED TO
All that piece or parcel of land situate, lying and being at La, Accra in the Greater Accra Region containing an approximate Area of 1.64 Acres more or less and bounded on the North-East by G.Y. Mensah’s land measuring 315 feet more or less; on the South-East by the La By Pass measuring 237 feet 6 inches more or less; on the South-West by Lantei Kwashie’s Land measuring 315 feet more or less on the North-West by Adjei’s Land measuring 215 feet 6 inches more or less which piece or parcel of land is more particularly delineated on the plan attached hereto and thereon shown edged red”. The writ of summons was accompanied