JUDGEMENT
BAFFOE-BONNIE, JSC
This is an appeal from the Court of Appeal. Coram Akoto Bamfo JA (as she then was) Osei and Duose JJA allowing an appeal from the judgment of the trial High Court Judge which was given in favour of the appellant herein. The facts in this case are fairly simple and straight forward.
In June 2002, the plaintiff/appellant/respondent herein referred to as Respondent filed a writ claiming;
a. Declarations that the plaintiff is the allotee/lessee of plot NoY block XXXXIV Buokrom near Kumasi.
b. Damages for trespass.
c. An order of perpetual injunction restraining the defendant either by himself or through his agents and /or workmen from in any manner interfering with plaintiff’s said property plot 7 block XXXIV Buokrom near Kumasi.
The defendant/respondent/appellant hereafter appellant, filed a defence and counter claimed for;
i. A declaration of title in favour of defendant and the wife Mrs. Fosuhene to the property known as Plot no. 7 block XXXIV Buokrom, Kumasi, and …