ODONKOR AND OTHERS V. AMARTEI

HAYFRON-BENJAMIN JSC

This is a second appeal with the leave of the Court of Appeal by the defendants who shall hereafter be referred to as “the appellants” from the judgment of Their Lordships of the Court of Appeal dated the 23rd May 1991 affirming the judgment of Dove J sitting in the High Court, Accra and dated the 11th day of October 1990.

The action giving rise to this appeal was concerned with certain alleged acts of trespass by the appellants to a tract of land on which the village of Haatso is situate and claimed by the respondent, the plaintiff, in the said action. In this judgment the plaintiff shall be referred to as “the respondent”.

Two reliefs were claimed on the respondent’s writ of summons, namely:

(a) five million cedis (¢5,000,000) damages against the appellants severally for trespass and

(b) an injunction to restrain the appellants and their privies from committing further acts of trespass.

It was not in dispute between the parties that the respondent had been in posse…