[1999]DLCA469February 11, 1999Court of Appeal

REPUBLIC vs. NYAN; EX PARTE DUNCAN

JUDGMENT FORSTER JA. On 22 March 1959 an appeal from the judgment of the Cape Coast Municipal Court was filed at the Lands Court of the Central Judicial Division. The case was titled: Aba Donkoh & Or v Joseph Adzinyina Duncan. In a consent judgment, the parties agreed that H/No B82/2 Intsin St, Cape Coast was jointly owned by the families of both parties. It was agreed further by the parties that the family of the plaintiff-respondent should occupy the ground floor of the building while the family of the-defendant-appellant occupy the top floor of the house, and that the second defendant-appellant, Aabah, was to have the use of room No 4 during her lifetime, with a reversion to the family of the plaintiff. Each family was to bear payment of rates in respect of the portions of the house, given to them in the judgment. And in the event of the house falling into ruins, the land was to go to the family of the plaintiff. On 3 October 1995, pursuant to leave granted by the High Court, ...