I.D. DUOSE, JA.
The Plaintiff/Appellant hereafter referred to as the Plaintiff on the 13th of March 2001 issued out a Writ of Summons in the high Court Tema claiming against the Defendants the following reliefs:
(i) Declaration of title and ownership.
(ii) Recovery of possession and damages for trespass.
(iii) An order of perpetual injunction against the defendants, their agents, servants, workmen and other relations and privies from entering the land and interfering with the Plaintiff’s right to the same.
On 12th April 2001 the 1st, 2nd and 3rd Defendants entered appearance and eventually filed statement of defence on 28-05-02 denying the claim of the Plaintiff and setting up the defence of first settlement and possession from time immemorial. Subsequently the 4th Defendant joined the action first as Co-defendant and later on after setting up a Defence and counter claim against the Plaintiff and the 1st, 2nd and 3rd defendants became a Defendant counter claimant. In his Statement of Defen…