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JUDGMENT
J U D G M E N T
HENRY KWOFIE JA:
This present appeal has been launched by the plaintiffs/appellants against the judgment
of the High Court, Accra delivered on the 28th of February, 2020. The trial High Court in
that judgment dismissed the action of the plaintiffs and entered judgment in favour of
the defendants on their counterclaim and made several consequential orders.
Dissatisfied with the said judgment, the plaintiff/appellants launched the instant appeal
on the 22nd of April, 2020 on the following grounds:
i. The judgment is against the weight of the evidence adduced.
ii. Further or other grounds of appeal to be filed on receipt of the record of appeal.
It is noted for the record that no additional ground of appeal was filed by the
plaintiffs/appellants. The relief sought from the Court of Appeal is for an order
reversing the judgment of the trial Court. Before dealing with the arguments advanced
for and against the appeal, I will give a brief background of the case. By a writ of
summons filed on 4th July 2014, the plaintiffs claimed against the defendants as follows:
1. Declaration of title to the parcel of land described in the schedule
2. Damages for trespass
3. Perpetual injunction restraining the defendants, for the 40 years lease agent and assigns
from interfering with plaintiffs quiet enjoyment.
The plaintiffs’ case is that they are the beneficial owners of the subject matter land by
virtue of a leasehold grant made to them in the year 2002. After the grant, the plaintiffs
constructed commercial property consisting of offices and shops presently occupied by
tenants. The plaintiffs converted their leasehold interest into a freehold in 2013 after
having paid adequate consideration. It is the case of the plaintiffs that despite their long
uninterrupted stay on the land, they were confronted by the defendants when the
plaintiffs decided to construct a fence wall to separate their structure from the rest of the property. The plaintiffs say that the defendants have no legal basis to prevent them
from securing possession of the disputed land.
The defendants disputed the plaintiff’s claim. It is the case of the defendants that the
property under reference forms part of the estate of the late Allotey Coffie Pappoe who
died intestate on 10th April, 1947 possessed of H/No. D423/4, Adabraka. On his death,
letters of administration were granted to his four sons namely Edwin Allotey Pappoe,
Benjamin Akwei Allotey, Emmanuel N