MOSES AND OTHERS V. ANANE

FRANCOIS J.A.

On 14 November 1983 we reversed the decision of the High Court, Sunyani in this appeal and reserved our reasons for a later date. We now proceed to give those reasons.

The simple issue in this matter was the determination of the ownership of a storey-house situate on plot No 88, Area 4, Sunyani. This plot of land was leased to the late Kwadwo Mensah by the Ghana Government on a 99-year lease in June 1966. Though there is not much evidence about the actual construction of the building or the manner in which rates, rents and other tax liabilities were levied or discharged, the late Kwadwo Mensah in his lifetime treated the property as his own, absolutely. The plaintiff-respondent had to concede that the late Kwadwo Mensah put in tenants as he pleased and enjoyed exclusively the rents accruing from the house. Further, in his lifetime no protest or challenge to the proprietary nature of his administration of the property was remotely advanced. Thanks to the help Kwadwo Mensah…