KUSI-APPIAH, J.A.: This is an appeal from a judgment of the Circuit Court, Accra, dated the 31st day of October 2002, in which the trial court entered judgment for the plaintiff/respondent (hereinafter called the Plaintiff) against the defendant/appellant (hereinafter called the Defendant).
The basic facts are not in dispute. On or about 5th day of June, 1998, the plaintiff instituted this action on her own behalf and on behalf of her brother Albert Bonsu Owusu-Ansah against the defendant, claiming recovery of possession of the outhouse to House No. 156, New Town Road, Kotobabi, Accra.
The case of the plaintiff as gathered from her pleadings and especially evidence at the trial is that, she and Albert Bonsu Owusu-Ansah are children by one woman of the late Albert Owusu-Ansah who died intestate on 17th October, 1963, leaving other children by five other women. One of the other women is the defendant with whom he had two issues, namely; Joseph Owusu-Ansah and Alberta Owusu-Ansah.