BAMFORD-ADDO (MRS) JSC
The appeal before us is against the Judgment of the Court of Appeal dated 19th January 1995. This case originated form the District Court Kumasi when the Appellant herein as Plaintiff issued a writ of summons against the Respondents herein as Defendants for the recovery of possession of two rooms in House No. O.T.77A Ashanti New Town Kumasi which they occupied rent free. The District Court gave judgment on the 19th May 1986 for the Plaintiff and the Defendants appealed that decision to the High Court Kumasi which Court affirmed the District Court's judgment dated 28th July 1987. The Defendants again appealed to the Court of Appeal and the court reversed the High Courts judgment in part, hence this appeal.
The simple facts of the case are that House No. O.T.77 Kumasi was built by one Madam Afua Mensah, who had two children namely Elizabeth Victoria Mensah and Daniel Owusu. During Madam Afua Mensah's lifetime she sold half of the house to one A.D. Agboloso. …