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AMANKWAH AND OTHERS V. NSIAH

(1995) JELR 69460 (CA)

Court of Appeal  •  9 Nov 1995  •  Ghana

Coram
ESSIEM JA, BROBBEY JA, ACQUAH JA

Appearances
E D KOM WITH HIM PAUL ACHIAMPONG FOR THE APPELLANTS; K K ATTOBRAH FOR THE RESPONDENT.

Judgement

BROBBEY JA.

This is an appeal from the decision of the Kumasi Circuit Court over the disputed ownership of a house numbered as Plot 8, Block 2, situated at Manhyia in Kumasi.

The facts which gave rise to the dispute were as follows: One Opanin Kwadwo Oppong was the person who built the house. That was not disputed by the respondent, save that she claimed to have given to the late Oppong all the money he spent to build it. When the house was completed in 1961, he took occupation of it with his wives and children together with his sister who is the respondent in this appeal. Two years after their occupation of the house, the respondent vacated it. According to some of the witnesses who testified for the appellants, Oppong ejected her for misbehaviour. According to the respondent, however, she left the house on her own accord because the wives of Oppong were worrying her during her stay in the house and she felt she had to leave in order to allow her brother to live there in peace with his…

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