YEVAHO FARMS LTD. & ORS VRS MR. ABEKA & ORS

This is an appeal against the Ruling of the Trial High Court delivered on the 16th day of February 2023 dismissing the application to set aside the default judgment which had been entered against the Defendants/Respondents herein on the 18th day of May 2022.

The 26th Defendant/Appellant herein dissatisfied with the aforesaid Ruling filed a Notice of Appeal on the 23rd day of February 2023 on the following grounds:

1. That the Learned High Court Judge erred in law in dismissing the 26th Defendant/Appellant’s application to set aside the judgment entered against the Defendants on 18th May 2022 in favour of the Plaintiffs/Respondents.

2. That the ruling is against the weight of affidavit evidence on record.

3. That the Learned Trial Judge erred in law by failing to enquire into whether or not the Plaintiffs/Respondents’ Writ of Summons and Statement of Claim were appropriately served on the 26th Defendant/Appellant.

4. Further or additional grounds of appeal will be filed on receipt of the record of proceedings.

The present appeal emanates from the Writ of Summons issued from the registry of the High Court dated 11th day of January 2022 at the instance of the Plaintiffs/Respondents herein against the Defendants/Appellants herein for the following reliefs:

a. A declaration that the land with leased document dated 18th July 2000 by the Akwanor family containing ALL that piece of land in Land Title Provisional Certificate Number GA 34627 vol. 011 Folio 50 with an area of 40.460 Hectares (99.976 acres) more or less situate, lying and being at Bosuafise near Obaakrowa in the Greater Accra region of the republic of Ghana is the 1st Plaintiff’s land leased to it by the 3rd Plaintiff.

b. A declaration that the Defendants variously have indeed trespassed and or encroached unto the Plaintiffs’ land and are variously using same and or developing same into houses respectively, an act which is at variance with the objects of the 1st Plaintiff in particular and the 2nd and 3rd Plaintiffs in general.

c. A declaration that the Defendants have failed and or refused to take constructive notice and or cognizance of the 1st Plaintiff’s crops on the land they claim to have purchased from their Grantor(s) and or lessor(s) hence went ahead to destroy same to pave way for their developmental agenda on the said land.

d. A declaration that indeed the Defendants variously as individuals and as a group had