Kwame Ofei v. Janet Darko and 2 Ors
2016
COURT OF APPEAL
GHANA
CORAM
- S. E. Kanyoke, J.A. (Presiding)
- K. A. Acquaye, J.A.
- S. Dzamefe, J.A.
Areas of Law
- Evidence Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the ownership dispute over house number C822/4 in Accra. The plaintiff/appellant claims he purchased the house from Kwabena Appenteng, while the defendant/respondent contends that her husband acquired the house in the name of Kwabena Appenteng, and it has been her matrimonial home. The trial Circuit Court ruled in favor of the defendant, but the plaintiff appealed, arguing the judgment was against the weight of evidence. The appellate court set aside the trial court's decision, granted the plaintiff possession of the house, and ordered the ejection of the defendant.
ACQUAYE, J. A. This judgment is in respect of an appeal filed against the decision delivered by a Circuit Court in Accra on 21st December 2012. The facts preceding this appeal are that the plaintiff/appellant issued a writ of summons against the defendant/respondent for recovery of house number C822/4 formerly Russian Embassy, order of ejection and mesne profits.
The plaintiff/appellant’s case was that in 2005 he purchased house number C822/4 from one Kwabena Appenteng for GH¢10, 000. 00. He testified that Kwabena Appenteng executed in his favour an indenture which he tendered as Exhibit B. He testified further that Kwabena Appenteng gave him his building permit which he tendered as Exhibit D as well as the drawings and designs of the house which he tendered as Exhibit F. The plaintiff continued that he later obtained a land title certificate which he tendered as Exhibit C. It was the plaintiff/appellant’s case that Kwabena Apenteng impressed upon him that the wife of his deceased’s junior brother was in occupation of the premises and he had given her a year to vacate.
After the year had elapsed the defendant/respondent who was in occupation refused to vacate hence his action.
The plaintiff/appellant denied that the house was put up by Kwabena Appenteng’s junior brother Rexford Aye Darko who owned the building.
The defendant/respondent denied the claims of the plaintiff/appellant and asserted that her husband Rexford Aye Darko bought the house in the name of his senior brother Kwabena Appenteng.
In 1959 her husband leased the property to the Russian Embassy in the name of Kwabena Appenteng because he had issues with the Nkrumah government and collected the rents without accounting to anybody.
The defendant/respondent pleaded that by various conveyances including one dated 6th April 1982 registered as No. 2078/1982 Kwabena/Appenteng, the plaintiff’s vendor reconveyed properties held by him in trust for his junior brother Rexford Aye Darko to the beneficiaries of Rexford Aye Darko’s estate and Okofoh Estate Limited.
On his death his trustees assigned the house to Okofoh Estates which has allowed her to continue to reside in the house as her matrimonial home.
The 1st defendant/respondent pleaded that the house the subject matter of this suit is the same as that in an earlier suit commenced by Kwabena Appenteng against Terrence Darko and Okofoh Estates Suit No. L 400/2000 in which Kwabena Appenteng laid false claims of ownership to five properties of h