CLETUS BABRON KUFIA & ABENA CHONGA KUFIA V. MR. AIKINS, SISTER AMA & UNCLE BROWN

JUDGMENT

F.G. ADANU, J.A:

1.0 General Overview

This appeal which arises from the decision of the High Court dated  20/02/2023 beckons this Court to make a determination between pure  legal rights as against equitable proprietary rights. 

Lord Camden stated in Smith vs. Clay (1767) Amb 645in reference to  the court of equity that: 

“Nothing can call forth this court into activity but conscience, good faith  and reasonable diligence ...” 

2.0 Facts:

2.1 The Plaintiffs/Appellants’ (“Appellants”) Case 

The Appellants instituted an action against the Respondents in the Land  Division of the High Court sometime in 2011. In their Amended Statement  of Claim after they had commenced their evidence in chief pursuant to  leave granted by the court on 17/02/2021, the Appellants described  themselves as owners of the premises situate on Plot No 1A, Klana Avenue,  Adenta, being No 4, Block 12. By a lease dated 9/07/2007 and executed  between them and the State Housing Company (SHC), a parcel of land  situ…