AGYENTOA vs. OWUSU AND ANOTHER

JUDGMENT BAMFORD-ADDO JSC delivered the judgment of the court. The appeal before us is against the judgment of the Court of Appeal dated 19 January 1995. This case originated from the District Court, Kumasi where the appellant, hereinafter referred to as the plaintiff, issued a writ of summons against the respondents, hereinafter referred to as the defendants, for the recovery of possession of two rooms in House No OT 77A, Ashanti New Town, Kumasi which they occupied rent free. The district court gave judgment on 19 May 1986 for the plaintiff and the defendants appealed from that decision to the High Court, Kumasi which court affirmed the district court's judgment on 28 July 1987. The defendants again appealed to the Court of Appeal and the court reversed the High Court's judgment in part, hence this appeal. The simple facts of the case are that House No OT 77, Kumasi was built by one Madam Afua Mensah, who had two children, namely, Elizabeth Victoria Mensah and Daniel Owusu. Dur...