JUDGMENTÂ
In the year 2007, Plaintiff sued one Mrs. Diana Benisa (now deceased). The reliefs sought were a declaration of title to a 0.37-acre piece of land at Osu, Accra and perpetual injunction restraining the Defendant whether by herself or her servants and/or agents from entering the land or carrying out any building activities or in any way interfering with Plaintiff’s use and enjoyment of the land.Â
In the course of time, while the suit was pending, Defendant died and since the cause of action survived her, one Albert Kofi Benisa, a surviving son applied and was duly substituted. However, the substituted Defendant, Albert Kofi Benisa was subsequently replaced or further substituted by Barbara Benisa and Cookie Cofie who were actually described as the personal representatives of the original Defendant, the late Mrs. Diana Benisa.Â
As earlier indicated, the land Plaintiff sued for was stated as approximately 0.37 acre. It was further stated that it formed part of a large…