[2000]DLCA6512May 11, 2000Court of Appeal

MERI MAHAMA vs. MEMUNA GONJA

TWUMASI: This is an appeal from the judgment of the High Court, Tamale delivered on the 25th January, 1993. The appellant instituted an action against two defendants claiming: 1) a declaration that House No. 1.147 Tamale was the joint property of the appellant and the first defendant. 2) A declaration that the purported deed of gift of the said house executed by the first defendant in favour of the second defendant by way of gift inter vivos was null and void and ought to be cancelled. The appellant claimed further orders for injunction and account against the defendants. The first defendant gave evidence at the trial, but judgment was given in favour posthumously. The second defendant (hereinafter called the respondent) luckily survived the full length of the trial with victory over their common opponent the appellant. The first defendant was a cooked food seller by vocation. Her business activities took her to Samreboi in the Western Region of Ghana. While working in that tow...