MANSAH V. NIMO AND OTHERS

ADUMUA-BOSSMAN J.

In this appeal against a judgment of the New Juaben Local Court in favour of the plaintiff-respondent up-holding her claim to (a) declaration of title, and (b) recovery of possession of a plot of land situate at a locality called Betom in Koforidua on which has been erected a permanent block building by the second defendant Afua Brofoyedru and her late mother (according to the local court’s own findings), the crucial portion of the judgment of the court was in the following terms:

“This court has considered the evidence of the first defendant and second co-defendant, (and) there was justification that the plaintiff is entitled for possessory right, because it is abundantly clear that there was condition attached to the gift that at anytime that defendant Opanin Kofi Nimo intended to put up a permanent building on the land, he should contact the plaintiff for new arrangement and first defendant failed, which failure he has appreciated in his statement.”

On turning to ex…