KULENDI JSC

INTRODUCTION:

1. This is an appeal against the unanimous decision of the Court of Appeal (Civil Division) dated the 9th day of March, 2023, which overturned the decision of the Circuit Court, Kumasi dated the 28th day of February, 2018.

2. For the purpose of this judgment, the parties shall retain their respective designations as they held at the Court of first instance. The Plaintiffs/Respondents/Appellants shall therefore be referred to as “the Plaintiffs” while the

Defendants/Appellants/Respondents shall simply be referred to as “the Defendants”.

BACKGROUND:

1. The factual antecedents that culminated into the instant suit are far from complex. The Plaintiffs issued a Writ of Summons at the Circuit Court, Kumasi on 21st March, 2014 seeking the following reliefs against the Defendants:

a. An order of the court for the Defendants, their agents, children, family, or any other person in occupation assigns, Number Plot 35 Block B Atasomanso to give vacant possession of the said house

b. Recovery of possession of House Number Plot 35 Block ‘B’ Atasomanso, Kumasi.

c. An order of perpetual injunction restraining the Defendants House Number Plot 35 Block ‘B’ from interfering Atasomanso, Kumasi.

1. The averments upon which the Plaintiffs anchored the above reliefs are as follows; Plaintiffs’ father by name Akwasi Agyapong who passed away on 15th January, 2000, in Cote D'lvoire was the owner of House Number Plot 35 Block B, situate at Atasamanso. The late Akwasi Agyapong built the said house during his lifetime. After the death of their father, the Plaintiffs applied for Letters of Administration from the Circuit Court in respect of their father’s estate and same was granted. They vested the property in issue in themselves and notified the Defendants to vacate the house as the Plaintiffs had personal need of it. The Defendants however refused to vacate the property, hence the suit.

2. The Defendants entered appearance to the suit and filed a Statement of Defence and Counterclaim on the 20th day of May, 2014. The Defendants denied the ownership claims of the Plaintiffs. Contrarily, they contended that although the said house was indeed built by one Akwasi Agyapong, the said Akwasi Agyapong was not the father of the Plaintiffs but rather the 1st Defendant’s uncle. According to the Defendants, the house was built by the said Akwasi Agyapong for his sister Adwoa Konadu and her children. B