JUDGMENT
MARIAMA OWUSU, J.A:
On 31-5-2010, the High Court, Accra, dismissed plaintiffs’ claim for declaration of title to House No. D 15/3 Amamomo as family property and Perpetual Injunction restraining the defendants, their agents, assigns, privies and all those claiming through them from interfering with the disputed land as not proved. The court then gave judgment for the 5th defendant on his counterclaim as follows;
“A counterclaim is in the nature of a fresh claim and the counter claimant has the burden to prove his counterclaim to the satisfaction of the court, but following my finding that the auction of House No. D15/3 was regularly conducted, it follows that 5th defendant is entitled to a declaration that he lawfully acquired House No. D15/3, in the public auction and I so declare.
Plaintiffs, their agent’s assigns, successors etc are hereby restrained from interfering with 5th defendant’s peaceful possession and enjoyment of House No. D15/3, Amamomo, Accra. 5th defendant is also…