[2002]DLCA6668December 12, 2002Court of Appeal

BRAIMAH DIOP (Substituted for ZINABU ASIMAWU N'DIAYE JAYI DECEASED) vs. AYISHETU AFODA AND 7 ORS

ADINYIRA (MRS.) J.A. The facts briefly are that one Madam Zinabu Asimawu N’Diaye Jayi (deceased) (simply referred to hereinafter as Madam Zinabu) on 25 March 1996, brought an action against the defendants appellants (hereinafter referred to as appellants) at the Circuit Court, Accra ‘‘For recovery of possession of the residential premises and all the stores, the defendants are occupying in house No.D.714/4 Okaishie’’ Her claim was based on the will of her grandmother Asimawu Afoda. Madam Zinabu died in the course of the trial and she was substituted by the present plaintiff/appellant. In the course of the proceedings Francis Decland joined the action as co-plaintiff. By an amended statement of claim filed on 6 June 1998, the co-plaintiff pleaded that he has bought the life interest of Madam Zinabu and the reversionary interest of her son Abdulai Mayuka Fiston respectively. He therefore claimed against the defendants jointly and severally for: (a) Declaration of title...