The Plaintiff commenced this action on 12th October 2011. The reliefs contained in the endorsement on the writ of summons are:
a. A Declaration of title to all that piece of land at Apese Abormenya measuring an approximate area of 4.60 acres or 1.60 hectares.
b. Recovery of possession of the said land.
c. Perpetual injunction against the Defendants and their workmen, agents, privies, etc.
d. General Damages for trespass.
e. Any further order (s) as to this Court may appear just.
The Defendants filed a common defence on 1st November 2011 which was replied to by the Plaintiff on 7th December 2011. It appears that only the first and the fourth Defendants entered an appearance, while the second and third Defendant filed none as enjoined by the rules of Court (See Order 9 of C.I. 47).
Nevertheless, the defence they filed cannot be ignored. Ofoe J.A. in the case of Samuel Kakra Mensah v. Christopher Kwablaligbidi [2014] 75 G. M. J. 157, C.A. at pages 167 -168 held: “In the Supreme Court case of …