[2005]DLSC2408October 17, 2005Supreme Court

KWABENA ADDO vs. ADWOA ANYOWUO & 2 ORS

DR. TWUM, J.S.C. This an appeal from the unanimous judgment of the Court of Appeal dated 23rd July 1997. In this judgment I will refer to the Respondent herein as “the Plaintiff” and the Appellants as “the Defendants”. I hope this will make it easy to follow the chronology of the events that have prompted this appeal. On 17th May 1989, the Plaintiff, (Kwabena Addo) issued a writ of summons against the Defendants, (Madam Anyowuo and her two daughters, Akosua Kesewa and Afua Serwah) claiming: (a) A declaration of title and recovery possession of House No. C325/15 Alajo. (b) Damages for trespass (c) Perpetual injunction. The Defendants filed a Statement of Defence and Counterclaim on 9th June 1989. In the counterclaim, they asked for: (a) A declaration that building currently with House No. C325/15 Alajo, Accra, was the property of the late S.K. Opoku. (b) Recovery of possession of the said house. (c) That the Plaintiff accounts for the rents he has so far coll...