KOFI MANU v. AKOSUA AGYEIWAA & ORS

JUDGMENT

AKAMBA, JSC

This is an appeal by defendants/respondents/appellants, herein after simply referred as appellants, from the judgment of the Court of Appeal sitting in Kumasi dated the 22nd day of October, 2009. The Court of Appeal allowed the appeal on reliefs 1 and 3 on the writ of summons and in addition ordered the appellants to vacate all rooms they had unilaterally taken over. They were also ordered to hand over the lease documents on the property to the plaintiff/appellant/respondent, hereinafter simply, the respondent.

BRIEF BACKGROUND

The suit was initiated in the High Court, Kumasi by Nana Owusu Akyaw Prempeh, customary successor of Opanin Kofi Boakye Asamoah (deceased) as plaintiff and upon his demise was substituted by the present respondent, Kofi Manu. The evidence on record is that following the death of Opanin Kofi Boakye, the 1st defendant (now appellant) who is the widow of the deceased, together with her children, the 2nd to 4th defendants (appellants), realizing that the Will left by the deceased did not appear to entitle them to any immediate place of abode of their own, pleaded with the respondent (plaintiff), to be allowed to occupy some rooms on the ground floor. The plaintiff obliged and the defendants offered aseda. Subsequent events and actions of the defendants portray contradictions, betrayal and ingratitude for which reason the plaintiff, now respondent, mounted his action at the High Court seeking the following reliefs, namely:

(i) A declaration that upon the true and proper interpretation of the provisions of the last Will and Testament of Opanin Kofi Boakye Asamoah, late of Nkwantakese, the 1st, 2nd, 3rd, and 4th defendants have no interest in any rooms in the ground floor of House No. Plot 7, Block 2, Manhyia, Kumasi.

(ii) A declaration that by challenging and denying the title of the plaintiff as customary successor to Opanin Kofi Boakye Asamoah (deceased) the defendants have forfeited their license to live in the rooms in the Ground floor in House No. 7, Block 2, Manhyia, Kumasi to the Plaintiff.

(iii) An order compelling the 1st defendant to surrender the lease on the property in question to the plaintiff.

(iv) An order of perpetual injunction restraining the Defendants from insulting the Plaintiff or committing acts of nuisance against Plaintiff.

(v) An order ejecting defendants from the rooms they are occupying in the Ground floor in the said property.

The High Court, per Kpentey, J, entered judgment for