NTI AND ANOTHER V. ANIMA AND ANOTHER

ABBAN J.A.: The appellants sought two reliefs in the High Court, Koforidua. First, for a declaration that house No. C/71 situate at Asamankese and bearing the name of Kwame Kuma (now deceased) was the property of the appellants’ family; and secondly, an order to set aside the sale of the said house by the second respondent to the first respondent. On 13 October 1983, the learned High Court judge gave a judgment in which he refused to grant the appellants any of the reliefs they had asked for and dismissed the action.

It is essential for a better understanding of the case to state fully the rival stories canvassed by the parties before the trial court. The appellants (hereinafter referred to as the plaintiffs) by their pleadings and in their evidence contended that the house in dispute had been their family property on the basis that one Amma Odum, a member of the plaintiffs’ family, originally owned the land on which the house now stands. They alleged that this Amma Odum in her lifetim…