ALHAJI IBRAHIM ABUBAKAR ALHERI & ANOTHER V. . ISSAKA ABDULAI & ANOTHER

MARIAMA OWUSU, J.A.

On 28^th March, 2017, the Circuit Court, Kumasi gave judgment for the plaintiff on his reliefs (a), (b) and (c) and dismissed 2^nd defendants counterclaim on relief (a).

In her judgment, the trial court held among other things as follows:

“I hereby declare the plaintiffs have legal and equitable interest in two flats (all rooms and utilities on both the ground and 1^stfloors) in residential Plot No. 4 Block J, Dichemso Extension, Kumasi are exclusively and absolutely per Exhibit ‘A’ to ‘D’.

The reliefs ‘b’ is granted only to the extent that the transaction of the said two flats to 2^nd defendant were void. The relief ‘c’ is granted only in respect of two flats plaintiffs are adjudged entitled.

The 2^nd defendant’s relief ‘a’ fails. However, he may be granted portion in the disputed house because there was unchallenged evidence that there is an uncompleted 3^rd floor as well as an outhouse (boys’ quarters) sitting on the plot in dispute. So if 2^nd defendant is on record to ha…