[2007]DLCA7014 • July 13, 2007 • Court of Appeal
F.A. JANTUAH vs. MRS. JANE C. JANTUAH AND ANTHONY O. JANTUAH
The plaintiff/appellant sought declarations that a house at Block 6, Dichemso, Kumasi was acquired from his pharmacy proceeds and sale of a car, and that a cocoa farm at Atronie was family property. The defendant/respondent denied these claims, counterclaimed ownership of the properties as belonging to her deceased husband, and sought recovery of certain items taken by the plaintiff. The plaintiff abandoned his claim during trial, leaving the defendant to prosecute her counterclaim.
read moreANSAH, JA: This is an appeal from the judgment of the High Court, Kumasi, given on 8th November 1996. The plaintiff sought a declaration that H/No. Block 6, Dichemso, Kumasi was acquired from the proceeds from his pharmacy in Kumasi and the sale of his Vanguard Saloon car. He also sought a declaration that a cocoa farm at Atronie in Atuahenekrom, Brong Ahafo Region, was acquired by Madam Afua Gyamaa and was family property. Lastly, he sought a perpetual injunction to restrain the plaintiff and her descendants from interfering with the subject matter of this suit. The defendant denied the plaintiff’s claim and also counterclaimed for the reliefs that the aforementioned house and the cocoa farm at Atronie are the bona fide properties of her deceased husband, the late John Adutwum Jantuah. She further counter-claimed for a declaration that some 15 piece of cloth and items of furniture that the plaintiff took away belonged to her husband; she sought an order for their recovery from th.....