MUSTAPHA KOLNABA V. SAMUEL DOKU AND MADAM PATIENCE DOKU

KANYOKE, J.A.

This appeal which has emanated from the ruling of the Circuit Judge at Ashaiman Circuit Court reveals a clear case of a fraudulent breach of trust resulting in an unfortunate and a very serious and damaging miscarriage of justice to the applicant/appellant herein. For the purposes of this judgment, I shall retain the positions of the plaintiff/respondent and defendant/ respondent as plaintiff and defendant respectively. The applicant /appellant will also be referred to simply as the appellant.

The facts of this case as contained in the Record of Appeal (ROA) are these:

The appellant and the defendant are relatives; being a sister and a brother respectively. The appellant who was originally living at Ashaiman, acquired a house there in which she and the defendant lived. Later, the appellant became the queen mother of her town — Asutsuare, so she had to move to Asutsuare to live there and therefore handed over the house to her brother the defendant as a caretaker. Subsequent…