[1990]DLCA2293 • January 25, 1990 • Court of Appeal
QUARTEY AND OTHERS vs. QUARTEY AND OTHERS
The plaintiffs, children of the late Emmanuel Quao Kpakpa Quartey, sought declaration of title and ejectment of defendants from house No. C 29/1, Adama Avenue, Adabraka, on plot No. 23, Adabraka, Accra. The defendants, brothers of the plaintiffs' father, counterclaimed to set aside an indenture vesting the property in their brother E.Q.K. Quartey alone. The High Court dismissed the plaintiffs' claim and ruled for the defendants on the counterclaim. The plaintiffs appealed.
read moreThe plaintiff-appellants in this action (hereinafter referred to as the plaintiffs) are the children of the late Emmanuel Quao Kpakpa Quartey who was also the brother of the defendants. By their writ of summons, the plaintiffs sought a declaration of title to house No. C 29/1, Adama Avenue, Adabraka situate on plot No. 23, Adabraka, Accra. They also sought for an order of ejectment against the defendants-respondents (hereinafter referred to as the defendants) and a further order of injunction restraining the defendants or their agents or servants from collecting further rents from the said house. The defendants resisted the claim of the plaintiffs and counterclaimed for an order setting aside an indenture No. 4505/A/38 dated 1 October 1938 which apparently vested the said property in their brother E. Q. K. Quartey alone. The learned trial judge of the High Court, Accra dismissed the plaintiffs’ claim and gave judgment for the defendants on their counterclaim after he had ordered furt.....