This is an appeal by defendants/respondents/appellants, herein after simply referred as appellants, from the judgment of the Court of Appeal sitting in Kumasi dated the 22nd day of October, 2009. The Court of Appeal allowed the appeal on reliefs 1 and 3 on the writ of summons and in addition ordered the appellants to vacate all rooms they had unilaterally taken over. They were also ordered to hand over the lease documents on the property to the plaintiff/appellant/respondent, hereinafter simply, the respondent.
The suit was initiated in the High Court, Kumasi by Nana Owusu Akyaw Prempeh, customary successor of Opanin Kofi Boakye Asamoah (deceased) as plaintiff and upon his demise was substituted by the present respondent, Kofi Manu. The evidence on record is that following the death of Opanin Kofi Boakye, the 1st defendant (now appellant) who is the widow of the deceased, together with her children, the 2nd to 4th defendants (appellants), realizing th…