JUDGMENT
KULENDI JSC:
INTRODUCTION:
1.The Defendants/Respondents/Appellants (hereinafter called ‘the Defendants”) invoked the appellate jurisdiction of this Court by the filing of a Notice of Appeal on 1st August, 2023, to challenge the Judgement of the Court of Appeal which is dated 20th July, 2023 by which the learned Justices of the Court of Appeal set aside the Judgement of the High Court and, in its stead, granted in part, the reliefs endorsed on Plaintiffs/Appellants/ Respondents (hereinafter referred to as “Plaintiffs”) Writ of Summons and Statement of Claim.
BACKGROUND:
2. The Plaintiffs by an amended Writ of Summons filed on 22nd May, 2015, prayed the High Court, Ho for the following reliefs:
a. A declaration of title to the Sende, Gbade and Donyi lands, all situate and being at Kpenoe and particularly bounded as follows at paragraphs 1 (Sende), 13 (Gbade 1), 16 (Gbade 2) and 17 (Donyi) of the statement of claim.
b. General and Special Damages for trespass.
c. Recovery of possession…