ACQUAYE vs. AWOTWI AND ANOTHER

JUDGMENT OF MENSA BOISON J.A. Mensa Boison J.A. delivered the judgment of the court. This appeal by the defendant is against the judgment of the Circuit Court, Kumasi (G. P. K Twumasi, Esq., presiding) given on 17 November 1980. By that judgment the respondent (hereafter called the plaintiff) was granted declaration as the licensee of a Kumasi market stall No. R.3, an order for recovery of possession and perpetual injunction against the appellant (hereafter called the defendant). A counterclaim by the defendant for like reliefs was at the same time dismissed. Both parties claim by right of customary succession to their respective deceased mothers, each party alleging that her mother was the original grantee or licensee of this stall. The Kumasi City Council (K. C. C.), as successors in title, is the market authority and licensor of all stalls in the Kumasi Central Market. For the purpose of allocation of such stalls and collection of stated rents thereof, the authority maint...