APPIAH vs. TAKYI

JUDGMENT OF MENSA BOISON J.A. Mensa Boison J.A. This is an appeal from the judgment of a Kumasi Circuit Court dated 20 August 1979, and presided over by P. K. Twumasi, Esq. (then a circuit court judge) whereby he found for the plaintiff for declaration of title and recovery of possession of a built-up estate plot in addition to the ancillary reliefs of perpetual injunction and damages for trespass. Briefly the plaintiff-respondent (hereinafter referred to as the plaintiff) was at all material times the lessee of estate plot NO.15, North Suntresu in Kumasi from the principal lessors, the State Housing Corporation (the corporation for short). For all practical purposes the plaintiff had become owner in possession of the said property by having exercised the option of purchase of the residuary unexpired term of the head lease in 1972, by payment in full of the capital sum for development. It is not clear whether this was done entirely by way of rents. He thus became entitled to sel...