Try asking the following...
JUDGMENT
MENSAH-HOMIAH (MRS.)
This is an appeal by the Plaintiffs-Appellants (hereinafter referred to as the Appellants), against the Judgment of the Circuit Court, Koforidua, dated 29th November, 2018 in favour of the Defendants-Counterclaimants- Respondents (hereinafter referred to as the Defendants).
THE FACTS OF THE CASE
The key facts in this appeal are that one Opanin Kofi Oduro, father of the Plaintiffs, died intestate in 1963 and letters of administration consequently granted in respect of his estate. The defendants are the children of one Maame Abena Gyamfuaa (deceased), a sister of Opanin Kofi Oduro, (decd.). The original defendants died and were accordingly substituted. During the lifetime of Opanin Kofi Oduro, he shared his properties among his wives and children. However, the disputed property which is said to have been built by Opanin Kofi Oduro and his late mother was not gifted to his children and/ or wives. In 1963 when Opanin Kofi Oduro died, the disputed building comprised a storey building and 11 stores. After his death the family added six stores making a total of 17 stores. The family also constructed three kitchens, toilet and bathroom. The Plaintiffs however occupied a portion of the building. About five decades after the death of Opanin Kofi Oduro, a document made on 11th August, 1954 purporting to contain his instructions with regards to his succession and property was discovered in a diary. Its validity was challenged by the defendants. Thus, the Plaintiffs instituted an action at the Circuit Court, Koforidua against the Defendants for a declaration of title to House No. TC 37, New Tafo in the Eastern Region, among other reliefs.
The Respondents entered appearance and filed a statement of defence on 17th March, 2010. But, on 3rd February, 2011 they amended their defence and added a counterclaim. The Plaintiffs abruptly caused a notice of discontinuance to be filed on 23rd January, 2015 after the 2nd Plaintiff had commenced her evidence-in-chief on 3rd December, 2014. Despite the discontinuance of the Plaintiffs action, the Defendants did not abandon their counterclaim, which they further amended on 16th March, 2015 wherein the under listed reliefs were sought:
i. A declaration that the paper writing purporting to be a declaration of the late Opanin Kofi (O)duro is invalid and unenforceable.
ii. Declaration of title to all the house numbered TC 37 at New Tafo in the Eastern Region of the Republic of Ghana.
iii. A declaration that by