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JUDGMENT
JUDGMENT
MARIAMA OWUSU, J.A:
This is an appeal against the decision of the Circuit Court, Nsawam dated 28-8-06, in which the plaintiff’s claim was dismissed as legally frivolous and unmeritorious. The trial judge declared that House No. E. 75, situate at Aburi Junction, Nsawam is the bonafide property of the late AGO YAA including all structures attached to the property, including stores, shops whether constructed by any or other persons. The cost of ¢15 million was also awarded against the plaintiff.
Dissatisfied with the decision of the Court, the plaintiff appealed to the Court of Appeal on the following grounds:
a. Judgment was against the weight of evidence.
b. Further ground[s] of Appeal would be filed on receipt of the Record of Proceedings.
c. The reliefs sought from the Court of Appeal, is to set aside the Judgment and the cost awarded and judgment entered for the appellant.
Before dealing with the arguments canvassed in support and against this appeal, I would like to give a brief background of this case. The plaintiff as customary successor to the Estate of the late Ntow Kwabena issued a writ of summons claiming against the defendant the following reliefs:
1. A declaration of title to H/No. E. 75 situate at Aburi Junction, at Nsawam.
2. Recovery of possession of that property.
3. Accounts of rents covering three [3] Halls and chambers in the said house from March, 1989 to date of judgment which rooms are a Hall and Chamber the defendant’s mother rented and two [2] Halls and Chambers she wrongly let out.
4. Perpetual Injunction restraining the defendant, his brothers and sisters agents or otherwise from whatsoever having anything to do with said house.
In the nineteen [19] paragraphed statement of claim which accompanied the writ of summons, the plaintiff averred that, he is the customary successor of the Estate of the late Ntow Kwabena. Whilst the defendant is a son of the late Ago Yaa, the daughter of Ntow Kwabena. The plaintiff averred that during the life time of Ntow Kwabena, he acquired properties including the disputed house. The plaintiff averred further that, the disputed house originally belonged to the father of the defendant, the late Sampson Ntow Baah who worked with a Syrian the late Fred Khony. The plaintiff continued that, Sampson Ntow Baah incurred some debt and the house was sold to the Syrian’s company who took possession of same. It is the case of the plaintiff that, the company decided to sell the said