JUDGMENT
Plaintiff, Bobby Ben Quartey, brought the present action to recover land that he claimed defendants had encroached upon. In his statement of claim, he asserted that he acquired the land in dispute from one Madam Marnoo Bruce in 1979, put a caretaker on the land and relocated from Accra to Takoradi. On a visit to Accra, he discovered that the caretaker had died, defendants had encroached on the land and were in the process of constructing a building on it. Plaintiff therefore prayed for declaration of title to the land in dispute, immediate ejection of defendants from the land and an order of perpetual injunction against defendants.
Subsequently, plaintiff brought an application for judgment in default of appearance against the 2nd defendant only. In the affidavit in support of the application for default judgment, he claimed that the 2nd defendant had failed to file a defence although a search conducted at the court’s registry, which he attached as exhibit B, c…