[2007]DLCA6707 • July 6, 2007 • Court of Appeal
DANIEL MERCER @ DANNY KAY vs. SAMUEL QUARM & ANOR.
The Plaintiff/Respondent claimed ownership and possession of two rooms (boys' quarters) at House No. 2/2, Liberation Road, Takoradi, which were devised to him by his late father James Mercer under a Will dated 20/08/1985. Probate was granted and a vesting assent registered, confirming the Plaintiff's title. The Defendant/Appellant occupied these two rooms, leading to a dispute. Evidence showed the boys' quarters had been partitioned and occupied by the Plaintiff's mother, who was not a beneficiary under the Will. The Plaintiff sought recovery of possession and mesne profits from the Defendant.
read moreABBAN [MRS] JA This is an appeal from the judgment of the Sekondi High court dated 2nd March 2001. The judgment went against the Defendant/Appellant and the Co-Defendant/appellant, and being dissatisfied they have appealed against same. They filed 5 (five) grounds of appeal namely: (a) Judgment is against the weight of evidence. (b) The judge erred in law by failing to take evidence from the locus. (c) The learned judge failed to properly evaluate the evidence. (d) There was no basis for the award of mesne profit. (e) The cost awarded was excessive. The case of the Plaintiff/Respondent is that the 2-rooms occupied by the Defendant/Appellant which is the boys quarters or servants' quarters was devised to him by his late father James Mercer in his Will dated 20/08/85 Probate of the said Will was granted to 3 (three) executors namely John Kodjo Colerangle, E. Topp Yankah and Ekow Mensah. On 25th February 1989 a vesting assent was duly executed and registered as WR 114/...