Mrs. Agnes Ahadzi & 1 ORS v. Boye Sowah & 2 ORS

WELBOURNE, J.A This appeal is against the ruling of the High Court dated 30th July 2021.

The Plaintiff will be described as the Appellant while the 3rd Defendant will be described as the Respondent.

BRIEF FACTS: The Plaintiffs initially sued the 1st and 2nd Defendants herein for the following reliefs:

1. General damages for trespass onto the Plaintiff’s land situate at Okpoi Gonno measuring 11.8 acres more particularly described in the Statement of Claim.

Defendants have refused to pay heed despite demands from Plaintiffs; 2. Perpetual Injunction retraining Defendants from further acts of trespass; 3. Costs.

The 1st and 2nd Defendants in their Amended Statements of Defence Counterclaimed against the Plaintiffs as follows:

a. Declaration that Land Certificate No.

GA 9043 dated 16th March, 1994 in the name of the Bortei Alabi family is null and void; b. Declaration that subsequent documents based on the Land Certificate NO.

GA 9043 in the name of 1st and 2nd Plaintiffs are also null and void; c. Declaration that all that piece or parcel of land in extent 4.613 hectors (11.389 acres) situate at Okpoi Gonno in the Greater Accra Region of the Republic of Ghana described in the Land Title Certificate No.

9043 is part of the Defendant’s family Tsier We land.

The original 3rd Defendant who became aware of the suit applied and was joined as such whereupon he filed his Statement of Defence and Counterclaimed as follows:

a. Declaration over all that piece of land situate and lying at Teshie bounded on the North by Teshie Stool Land and on the South by Teshie-Ada Road and on the East by Krobo Quarter Land and on the West by Agbawe Quarter registered as No.

1332/65; b. Recovery of Possession; c. Damages for fraud and trespass; d. Perpetual Injunction restraining the Plaintiffs, 1st and 2nd Defendants, their assigns, servants or agents.

The Plaintiffs sued the Defendants when it immediately came to their notice that the Defendants were alienating portions of the land in dispute to their parties.

They subsequently applied for Interlocutory Injunction and same was granted.

It is captured at page 9 of the trial court’s Judgment which is at page 16 of Volume 1 of the Record of Appeal as follows: “Having acquired the land, they were going to start development when they noticed that the parties who had been allocated portions of the land by the 1st Defendant were digging foundations for building on the land.

He sought Police assistance and also applied for In