CLEMENT LAMPTEY v. EMMANUEL LANTEI LAMPTEY and ORS

GYAESAYOR J.A:-

This is an appeal against the decision of the High Court, Financial Division, Accra dated 31st July, 2009.

The notice of appeal by which the appeal was commenced is dated 28th August, 2009 and was filed by the 1st defendant/appellant challenging the whole judgment.

The plaintiff/respondent is the grandchild of the 1st defendant/appellant who was the father of the deceased father of the plaintiff/respondent.

The genesis of this case lies in an action filed by the plaintiff/respondent in the High Court claiming:-

a. A declaration that petitioner’s father, the late Samuel Lamptey in his life time owned half of the property described as H/No.33 Block 5 Odorkor, Accra including the land presently occupied by 2nd to 10th defendants.

b. An order upon the 2nd to 10 defendants to attorn tenancy to the plaintiff as the lawful attorney and administrator of his father.

c. An order for the payment of all arrears of rent owed by the 2nd to 10th defendants to the plaintiff together with all future rents.

d. An order of perpetual; injunction restraining any other relative of plaintiff’s father from dealing with the 2nd to 10th defendants in any capacity.

e. A further mandatory order directing the defendants to pay their rents to the plaintiff and to no other person.

f. Ejectment order or alternatively recovery of possession on the 2nd to 10th defendants in the event of continued default.

The issues set down for trial at the close of pleadings were:-

a. Whether or not the plaintiff father the late Samuel Odartey Lamptey owned half share of H/No. 33 Block 5 Odorkor, Accra.

b. Whether or not a dispute involving the property in dispute went to the Otsiame of Odorkor who shared the property.

c. Whether or not the 2nd to 10th defendants have their shops on plaintiff’s father’s portion of the shared land.

d. Whether or not plaintiff is entitled to his claim.

e. Whether or not 1st defendant is entitled to his counterclaim.

f. Any other issues arising out of the pleading Judgment was duly entered for the plaintiff by the High Court in the following terms:-

a. 1st defendant’s counterclaim fails and is dismissed.

b. Plaintiff’s recovery of possession is dismissed.

c. The property in contention i.e. H/No. 33, Block 5 Odorkor Accra was joint property of plaintiffs’ father, S. O. Lamptey and the 1st defendant.

d. Plaintiff and 1st defendant to share proceeds from the property in equal terms.

e. No order as to costs.

The appeal is essentially again