VICTORIA FURRER-MENSAH(SUBSTITUTED WITH FELICIA LOVE GAISIE) VRS KWESI BAAH KORSAH

I. INTRODUCTION & PROCEDURAL HISTORY:

[1] This Appeal originates from a Writ of Summons and an accompanying Statement

of Claim filed on 5th March, 2014, by the Plaintiff/Respondent (hereinafter referred to as “the Respondent”) against the Defendant/Appellant (hereinafter referred to as “the Appellant”) in the High Court, Accra. By an Amended Writ of Summons dated 22nd April, 2015, the Respondent claimed against the Appellant the following relief:

“THE SURRENDER OR RECOVERY OF HOUSE NO. B621/25 WHICH APPELLANT HAS OCCUPIED SINCE 1991 AND TURNED SAME TO A SCHOOL WITHOUT PAYING ANY RENT.”

[2] The case of the Respondent is that she owns House No. B 621/25, Darkuman, Accra (hereinafter called “the Property”). The Respondent adds that the Appellant is her nephew. According to the Respondent, the former Ghana Airways Corporation rented

the Property for the Appellant as its staff in or around January 1991. The Respondent says that the Appellant subsequently lost his job with the Ghana Airways Corporation.

[3] The Respondent avers that the Ghana Airways Corporation stopped paying rent for the Property when the Appellant lost his job. The Respondent however says that the Appellant has continued to live in the Property without paying any rent. The Appellant also now operates a school on the Property.

[4] The Respondent claims that she has given the Appellant the option to either purchase the Property or surrender same to the Respondent to avoid any future dispute. The Respondent says that in spite of several meetings and demands, the Appellant has failed or refused to either purchase the Property or surrender same to the Respondent. Wherefore the Respondent claims against the Appellant per her Writ of Summons.

[4] The Appellant contends that his relationship with the Respondent is that of a mother and son, the Respondent, having taken care of the Appellant from an early age till the Appellant became gainfully employed. The Appellant says that his mother-son relationship with the Respondent has continued till now.

[5] The Appellant further says that it was the Respondent who invited him to come and occupy the Property as a gift. The Appellant says the Respondent also indicated to him that since she has four (4) houses, the Appellant could have the Property while her other three (3) properties go to the Respondent’s biological children as gifts.

[6] The Appellant s