JUDGMENT
Afreh JA. On 24 January 1997 I granted an application for review of my judgment dated 29 November 1996, and asked counsel to submit written addresses.
The background to this case as stated in the plaintiff's statement of claim is that on 22 June 1990 the defendant herein and one Jacob Armah Mensah Tagoe (deceased) commenced legal proceedings against the plaintiff herein at the Circuit Court, Accra claiming:
(i) declaration of title to a piece of land at East Kpehe, Accra;
(ii) damages for trespass;
(iii) recovery of possession; and
(iv) perpetual injunction.
The plaintiff (then the defendant) entered appearance. There was apparently default of defence, because on 2 May 1991 the defendant herein (then the plaintiff) and Jacob Armah Mensah Tagoe filed a motion on notice under Order 27 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) praying the circuit court to enter judgment for them. When the motion came on for hearing, the plaintiff herein (then the defendant) and the…