[2004]DLCA7006 • May 28, 2004 • Court of Appeal
EPHRAIM O. ARYEE vs. KOFI JACQUAYE SNR. & ANOR
PIESARE JA. On the 10th day of June, 1997, the plaintiff/respondent, as the Head of Family of Osu-Anoho, Accra, issued a Writ of Summons against the defendant/appellants (the plaintiff/respondent's tenants) claiming: (1) Recovery of Vacant Possession of Plot No. 13 Abrebrensem Street, Osu, Accra; and (2) Mesue profits. The defendants/appellants too counter-claimed for:— An Order for specific performance of the agreement to sell the property to them Or An Order for re-imbursement of expenses to have been made on the land. The action was tried by the High Court below, and judgment was delivered against the defendant/appellants on the 19th day of May, 2002. The defendants/ appellants being dissatisfied with the said judgment, appealed to this Court, upon Four Grounds, namely: (1) That the plaintiff having failed to establish his claim, the Learned Trial Judge gave him judgment. (2) The judgment was against the weight of evidence. (3) The costs awarded were excessive......