MADAM AFUA NKUAH v. YAA KONADU AND TONY AGYEMANG BOATENG

J U D G M E N T

ANIN YEBOAH, J.S.C:-

This is an appeal against the judgment of the Court of Appeal dated the 13/03/2006. The Court of Appeal allowed an appeal against the judgment of the High Court, Kumasi which was delivered on 15/07/2002. The Plaintiff/Respondent/Appellant who for the sake of brevity shall be referred to as the Appellant herein on 25/10/1996 issued a writ of summons against the Defendant/Appellant/Respondent (who shall be referred to in this judgment as the Respondent). The action was for a declaration to the effect that a single room in a house at old Amakom known as H/№ Plot 2 Block XIII, Old Amakom is neither the property of the Respondent nor any member of her family. The appellant also sought as ancillary reliefs, ejectment and recovery of possession and injunction.

The case for the appellant was that one Kwabena Bio was the original owner of H/№ Plot 2 Block XIII, Old Amakom, in Kumasi and in 1954 he assigned his interest in the house to one Yaw Mensah a grand uncle of the Appellant. At the time of the assignment, one Madam Tiwaa who was the sister of the alleged assignor was occupying two rooms being chamber and hall in the first floor of the house. The said Madam Tiwaa was the mother of the Respondent. Due to the fact that Kwabena Bio had assigned his interest in the house, her sister Madam Tiwaa had to vacate the house. The assignee on humanitarian grounds offered Madam Tiwaa one room on condition that she could live in the room in only her lifetime. Madam Tiwaa accepted the proposal and lived in one room with her daughter, the respondent herein, till she died in 1995. It was soon after the death of Madam Tiwaa that the appellant demanded rent from the respondent if she wanted to continue to live in the room. The respondent disputed the appellant’s title which led to the action at the High court, Kumasi.

The respondent traversed most of the allegations of facts upon which the appellant’s claim was based. She pleaded that Kwabena Bio put up the house but received a loan from one Yaw Mensah the predecessor-in-title of the appellant and used the house as security which made the transaction a pledge. According to her, it was as a result of the inability of the family of Kwabena Bio to pay off the debt to redeem the pledge whereby Yaw Mensah agreed with her family to exact rents from the house and pay off the debt. Respondent stated categorically that her mother on her own volition moved from the hall and chamber to occupy a sing