VERONICA ACKOM AND JUSTINA CLASS-PETERS v. AFUA ACKONU, KWESI NUNU AND AKYERE

This is an appeal by the Plaintiffs/Appellants, herein called the Plaintiffs, against the

decision of the Elmina District Court presided over by Her Honour Mawusi Bedjrah.

In the said judgment delivered on 29th October, 2021 the trial court judge entered

judgment in favour of the Defendants/Respondents, herein called the Defendants, in

respect of their counterclaim and declared them owners of all that piece or parcel of

land lying, situate and being at Elmina Estate bounded on the North by the road from

Elmina Junction to Elmina Police Station, on the South by the property of Stop Aids

Foundation, on the West by the property of Opanyin Aꢀa Kakraba and on the East by

the property of William Class-Peters. The trial judge further made an order of

perpetual injunction restraining the Plaintiffs, their heirs, workmen, privies, lawful

representatives, assigns and all others claiming through them from having anything

whatsoever to do with the disputed plot of land. (See Pages 169 to 170

of the Record of Appeal).

From the Notice of Appeal filed on 5th January, 2022 and which can be seen on page

171 of the record of appeal, the grounds on which this appeal is premised are:

a. that the judgment of the trial court is against the weight of the evidence

b. other grounds to be filed on receipt of record of proceedings.

The Plaintiff has, however, filed no additional grounds. In the action which

culminated in this appeal, the Plaintiffs, being Personal Representatives and

Administratrices, claimed against the Defendants jointly and severally the following

reliefs:

a. Declaration of title to all that piece or parcel of land situate, lying and being at

Elmina Estate bounded on the North by property of William Class-Peters, on the

South by the property of Opanyin Aꢀa Kakraba, on the West by a Street from

Elmina Junction to the Omanhen’s Palace and on the East by the property of Stop

Aids and covering an approximate area of 0.11 acre.

b. Recovery of possession.

c. Damages for trespass

d. Perpetual injunction restraining the Defendants, their workers, privies, assigns and

anyone claiming through them from having anything to do with the said land.

The Plaintiffs’ case is that, the late William Class-Peters (the husband of the 1st Plaintiff)

in his lifetime owned the piece of land described herein which was gifted to him by

his mother. In addition to this land, he purchased another piece of land adjoining the

land which was gifted to him.

The Plaintiff fu