FRANCIS YANKEY vs. KOFI YANKEY & OR.

LARTEY J.A. This appeal is from the decision of the Circuit Court, Takoradi delivered on the 27th day of November 2001. By his writ of summons the first plaintiff claimed against the defendant the following reliefs: 1. "Recovery of House Number 93/1 Kojokrom, via Sekondi. 2. Arrears of rent collected from the tenants from January 1998 to date of judgment. 3. Perpetual injunction restraining the defendant from the tenants resident in House Number 93/1, Kojokrom.” Accompanying the writ was the first plaintiff's statement of claim, which was amended at the end of the trial. Incidentally, all the parties in this action are brothers and sister. In his amended statement of claim the first plaintiff avers that the plot in dispute was gifted to the second plaintiff by the late Nana Panyin Ye Na, their stepfather, by reason of good service rendered by the second plaintiff to the deceased, who requested the first plaintiff to construct a house thereon for the second plaintiff. In th.....