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JUDGMENT
ANIN YEBOAH JSC.
On the 13th of November 2014, we allowed this appeal and reserved our reasons. So we now proceed to offer our reasons for the allowance of the appeal.
This appeal before this court is against the decision of from the Court of Appeal, Accra, dated the 25/02/2013, which affirmed the judgment of the trial High Court, Accra. For the sake of brevity, the Plaintiffs/Appellants/Appellants shall be referred to in these proceedings as plaintiffs and the Defendants/ Respondents/Respondents as Defendants. The case of the trial High Court did not go beyond application for directions stage and therefore the facts appear not to be contentious.
On 13/2/2009 the plaintiffs commenced these proceedings against the defendants claiming several reliefs which should be stated to enable one to appreciate the basis for this decision:
1. An order directed at the 3rd defendants to expunge from their records the following indentures in favour of the 1st defendant on grounds of fraud: -
(a) An indenture dated 24th September, 2003 covering an area of 560.36 acres and made between Numo Nartey Kwaku for and on behalf of Gbenartey Fiesu Family of the one part and the 1st defendant on the other part.
(b) An indenture dated 22nd September, 2004 covering an area of 330 acres and made between the said Numo Nartey Kwaku for and on behalf of the Gbenartey Fiesu Family of the one part and the 1st defendant of the other part.
(c) An indenture dated 12th April, 2005 covering an area of 398.19 acres and made between the said Numo Nartey Kwaku of the one part and the 1st defendant on the other part.
2. Damages for fraud against the 1st and 2nd defendants.
3. An order restraining the defendants from dealing with the plaintiffs’ family land.
4. An order setting aside all agreements made between the 1st defendant acting through the 2nd defendant and the plaintiffs’ family with regards to the above-mentioned indentures on grounds of unconscionability or in the alternative on grounds of undue influence.
5. An order directed at the 1st and 2nd defendants to furnish the plaintiff’s family with a list of persons with whom they have had any dealings in connection with the plaintiff’s family land prior to the commencement of this action.
6. Any further reliefs as to the court seem just and proper to grant under the circumstances of this case.
The plaintiffs, in a comprehensive statement of claim filed together with the writ of summons brought this action as Head of Gbenart