SETH WELBECK v. KWABENA ACHEAMPONG & DIANA NYARKO & VICTORIA MENSAH

BACKGROUND

(1) This appeal is from the judgment of the Court of Appeal dated 10th December 2021, wherein the Plaintiff/ Respondent/Appellant (hereinafter referred to as “the Plaintiff”) has assailed the judgment of the Court of Appeal which not only reversed the judgment of the Trial High Court, Land Division Accra dated 14th February 2020 in favour of the Defendants/Appellants/ Respondents (hereinafter

referred to as the Defendants). The Court of Appeal then proceeded to grant relief to the Defendants by way of counterclaim in the following words; “The judgment of the Lower Court is hereby set aside and judgment entered in favour of the Appellants on the 3rd

Appellant’s counterclaim”.

(2) From the issues provoked by the grounds of appeal formulated and set out in the notice of appeal, and for a better appreciation of the propriety or otherwise of the final orders of the Court of Appeal it is necessary to recount in detail the factual background and procedural

history giving rise to this appeal.

(3) On 20th February 2017, the Plaintiff issued out of the Registry of the High Court, Land Division, Accra a writ of summons initially against the 1st and 2nd Defendants. By an order of the trial court dated

31st May 2017, the 3rd Defendant was joined to the suit. Consequently, on 13th June 2017, the Plaintiff filed an amended writ of summons and a statement of claim praying for the following reliefs:

(a) “A declaration that, the land described in the schedule hereunder forms part of the estate of Adolphus Welbeck Abdulai of which the Plaintiff is its lawful Administrator.

(b) A declaration of title in favour of the Plaintiff by virtue of the execution of the Deed of Vesting Assent dated the 27th of September, 2016.

(c) An order for recovery of possession of the disputed Property from the Defendants.

(d) Damages for trespass.

(e) Mesne profit of GH2,000 against the Defendants per shop per month from the date of this Writ of Summons to the date of final vacation of the disputed Property from the Defendants.

(f) An Order of Perpetual Injunction restraining the Defendants whether by himself, his servants, agents or otherwise howsoever from further trespassing upon the disputed property.

(g) Costs.

(h) Any further other order(s) that this Honourable Court may deem fit.”

(4) In the amended statement of claim, the Plaintiff averred that, he is a beneficiary as well as an administrator of the estate of the late Adolphus Welbeck Abdulai (deceased) who died