JUDGMENT
F.G. ADANU, J.A:
1.0 General Overview
This appeal which arises from the decision of the High Court dated 20/02/2023 beckons this Court to make a determination between pure legal rights as against equitable proprietary rights.
Lord Camden stated in Smith vs. Clay (1767) Amb 645in reference to the court of equity that:
“Nothing can call forth this court into activity but conscience, good faith and reasonable diligence ...”
2.0 Facts:
2.1 The Plaintiffs/Appellants’ (“Appellants”) Case
The Appellants instituted an action against the Respondents in the Land Division of the High Court sometime in 2011. In their Amended Statement of Claim after they had commenced their evidence in chief pursuant to leave granted by the court on 17/02/2021, the Appellants described themselves as owners of the premises situate on Plot No 1A, Klana Avenue, Adenta, being No 4, Block 12. By a lease dated 9/07/2007 and executed between them and the State Housing Company (SHC), a parcel of land situ…