BANGA AND OTHERS V. DJANIE AND ANOTHER

LAMPTEY J.A.: Sometime in April 1969 Madam Emily Djanie (deceased), plaintiff, for herself and as a member and head of the late Samuel Ivorie Djanie of Teshie sued Odai Banga the first defendant and E. Akpo Mensah (deceased), the second defendant, jointly in the High Court, Accra and claimed against them the following reliefs:

“(a) declaration of title to a tract of land described in a schedule to the writ of summons; (b) an order for recovery of possession; and

(c) damages for trespass.”

A statement of claim was in due course filed by the plaintiff. The defendants caused appearance to be entered for them. The defendants filed a statement of defence to the claim. On application by the plaintiff, one J. S. Laryea was joined as co-defendant. He on being joined entered appearance and filed his statement of defence. Pleadings closed and the case was heard on its merits. The trial judge felt satisfied that the plaintiff had proved her case and accordingly entered judgment for one Divine Djan…