JAMES TOAH AGYARE (SUBSTITUTED BY BENJAMIN AYENSU V. SOLOMON OPARE ADDO QUAYNOR

JUDGEMENT

ADJEI, J.A:

The Plaintiff sued the Defendants at the trial Circuit Court claiming for a declaration of title, recovery of possession of the disputed land at Aburi Kitase, an order for perpetual injunction and general damages.

The Defendants disputed the Plaintiff’s claim. The Defendants in their amended statement of defence filed pursuant to the order of the trial Circuit Court granted on 23rd February, 2014 denied the Plaintiff’s claim and counterclaimed against the Plaintiff for the same land. The Defendants in their paragraph 8 (a) of this statement of defence averred that the Plaintiff’s action is statute barred and therefore not maintainable in law. The Defendants averred that the Plaintiff’s claim is not maintainable in law by reason of the fact that the 1st Defendant registered the land in accordance with law and has since been in undisturbed possession of same for barely twenty years. The 1st Defendant’s further counterclaimed for declaration of title, general damages …