MADAME ABENA ASO v. JOHN K.NYAMEKYE

J U D G M E N T

JUSTICE JANAPARE BARTELS-KODWO (MRS.) J.A.:

This is an appeal by the Defendant/Appellant (hereinafter called the Appellant) against the Judgment of the High Court, Cape Coast dated 9th March, 2017 in favour of the Plaintiff/Respondent (hereinafter called the Respondent). The Appellant seeks a reversal of the said judgment by this court and for judgment to be entered in

his favour as well as to further set aside the Orders made thereunder

The ground of appeal filed was as follows:

1. The judgment is against the weight of evidence.

The following Additional grounds of appeal were filed upon receipt of the Record of Appeal:-

1. The trial High Court Judge erred when he held that the name Abena Aso appearing in the lease in respect of the land in dispute and all the title Deeds are referable to the Plaintiff who is named and called by that name and not the Plaintiff’s mother.

2. The trial High Court Judge erred when he further held that the land in dispute was acquired by the Plaintiff and her late brother but for the use of their mother and not of the Defendant and his wife jointly with the Plaintiff’s mother.

3. The trial High Court Judge erred when he declared that title on the land and building No. DAB/7/44 Abankesieso, Dunkwa on Offin is vested in the Plaintiff herein to be held for herself and in trust for the family of her late mother, Elizabeth Abena Duku.

4. The trial High Court Judge erred when he failed to apply estoppel against the Plaintiff.

5. The trial High Court Judge erred when he failed to consider the devise made by the Plaintiff’s mother regarding the property in dispute in her Last Will and in respect of which Probate had been granted.

6. The trial High Court Judge erred when he held that the Defendant shall have and enjoy only a life interest in the land and building in dispute with the family of the late Elizabeth Abena Duku.

The Plaintiff/Respondent took out a Writ of Summons with its accompanying Statement of Claim on 18th June, 2016 which was amended on 18th November, 2013 claiming as follows:

1. A declaration of title to a parcel of land situate, lying and being at a place commonly known and called Abankesieso at Dunkwa on Offin which land shares boundaries with the properties of Kwasi Nsowah, D.K. Anin, Joseph Ussher and a road in front.

2. A declaration of title to the building erected on the land aforementioned. OR

3. As an alternative to reliefs 1 and 2

A declaration that neither the Defen