[1986]DLCA543July 28, 1986Court of Appeal

ATTITSOGBE vs. ATTITSOGBE

JUDGMENT OF ESSIEM J.A. The parties engaged in this litigation are brothers. They are litigating about the ownership of house No. AB/83, Abeka, Accra. The plaintiff’s case is that he bought the said house from one Madam Emelia Amedahe in or about 1975 and made extensions to the house after the purchase. He says during the extension work he sought financial help form both friends and relatives, among whom was his brother, the defendant. He has since repaid his brother in full. After the completion of the extensions to the premises, he permitted the defendant who was then in need of accommodation to occupy part of the premises without paying any rent. According to him he did this because the defendant was his brother and also in appreciation of the financial help he gave him when he was engaged in the extension to the premises. However, soon after the defendant had settled in the house he started laying claim to it and harassing tenants in the house. On about three o.....