I.O. TANKO AMADU, J.A.
1. This appeal is from the judgment of the Circuit Court Kumasi dated the 17th day of February 2010.
2. It is Important for a better understanding of this appeal to fully recount the facts of this case which are that; on 16/7/2009 Plaintiffs/Respondents (hereinafter referred to as Respondents) commenced action by writ against the Defendants/Appellants (hereinafter referred to as Appellants) seeking the following reliefs.
“(i). Declaration of title to and recovery of possession of House No. Plot 31, Block 71 Buokrom Kumasi.
(ii). Mesne profits”.
3. The Appellants entered appearance to the action per their lawyers on 23/7/2009 but failed to deliver a defence. By motion filed on 17/9/2009 the Respondents applied for an order of interlocutory judgment for the reliefs endorsed on the writ. On the 25/2/2009, the trial judge granted the Respondents’ application and adjourned the suit to 19/10/09 for assessment of damages. It is significant to state that the Appellants’ law…