[2007]DLSC2447 • November 14, 2007 • Supreme Court •
NATHANIEL BOSOMPRAH FIANKO & OTHERS vs. PHILIP DODOO DJAN & OTHERS.
The appellants, children of Nathaniel Fianko Akotuah, claimed ownership of property at House No. B 565/6, Abossey Okai, Accra, based on a registered title deed and supporting documents such as building permits and payment receipts. They sued the respondents for ejectment and rent arrears. The respondents claimed to be the true beneficial owners. Lower courts, including the District Court, High Court, and Court of Appeal, ruled in favor of the respondents, holding them as the true owners. The appellants appealed to the Supreme Court challenging these findings.
read moreATUGUBA, J.S.C. THE FACTS In this case the Plaintiffs/Appellants/Appellants’ father, Nathaniel Fianko Akotuah, on the face of a registered title deed, exhibit ‘B’ was the owner of the property on which stands H/No. B 565/6, Abossey Okai, Accra, which is also said to belong to their father. Other documents tending to support this claim include a building permit, receipts for payment of property rates etc. Accordingly they sued the Defendant/Respondents/Respondents in a District Court, Accra for: “an Order of Ejectment from House No. B565/6 and an order of payment of rend arrears from January, 1992”. The co-respondent was joint to action upon his application since he contended that he was the real owner of the property in question. The courts below, from the District Court, Court 6, 28th February Road, Accra through the High Court Accra, presided over by Her Ladyship Mrs. G. Kusi-Appouh J, to the Court of Appeal, upheld the respondents’ case against the appellants. ...