AVRIL LOVELACE – JOHNSON (JA)
On 29th July 2014, the High Court gave judgment for the Plaintiff/Respondents in this matter on their claim for Declaration of title to land described in their statement of claim, Perpetual injunction, Damages for trespass, and recovery of possession of the said land. The 1st Defendant/Appellant counterclaimed for the same reliefs but over a larger tract of land and the disputed land. Likewise the 2nd Defendant/Appellant counterclaimed for the same reliefs in respect of a portion of the land claimed by the Plaintiff/Respondent with the exception of the relief for recovery of possession, since their position from their statement of defence was that they were already in possession.
Being dissatisfied with the judgment in question the two have launched the present appeal.
Hereon, for ease of reference, the designations of the parties in the High Court will be maintained.
The grounds of appeal filed by the 1st Defendant are as follows
i) The judgment is against th…