COMFORT ABLA AGBOSU vs. CAPTAIN CHARLES BOAFO

BENIN, J.A. This is an appeal from the decision of the High Court, Koforidua entered in favour of the plaintiff, who sued for herself and on behalf of her children who she had by the late Seth Kwabla Agbosu of Battor–Aveyime. The defendant is a retired officer of the Ghana Army. The dispute is over a piece of land with building thereon situate at Gbejirmanya - Somanya. There is no dispute about the identity of the property in question. The plaintiff sued for declaration of title, recovery of possession, damages for trespass and perpetual injunction against the defendant. Her grounds for these claims were pleaded in a statement of claim in which she averred that she was joint purchaser of the land with her late husband S. K. Agbosu (hereinafter referred to as the deceased). That it was she and her children, with the consent of the deceased, who put up a six room house on the land. That against their protest (that is plaintiff and her children), the deceased sold the property to t.....