[2006]DLCA7476February 24, 2006Court of Appeal

REBECCA CEASAR (PLAINTIFF/RESPONDENT) vs. TETTEH KWAOFIO (DEFENDANT/APPELLANTS)

OWUSU-ANSAH, J.A. This is an appeal from the Judgment of Circuit Court A1, Accra, dated the 14th day of October, 2002. The basic issue in this appeal is the ownership of properties on Plot No. B4 12/30, Nii Boye Town, Accra. By her writ of summons the Plaintiff, apparently on behalf of her children, not herself let it be noted, claimed the following reliefs:— [a] "A declaration that the Plaintiff is entitled to one half share of the property House no. B412/30 Nii Boye Town, Accra. [b] Perpetual Injunction to restrain the Defendants, servants, agent and workmen to claim the property House No. B412/30 Nii Boye Town, Accra. [c] Recovery of accrued rent from the 31st January 1998 to date of final judgment. [d] Mesne profits” By her statement of claim the Plaintiff/Respondent contended that she and the Defendant/Appellant ["appellant" for short] jointly purchased a piece of land at Nii Boye Town, Accra in 1974 for ¢100.00. The Defendant was her husband for 13 years but t...