YAW OPPONG vs. CHARLES ANARFI

KANYOKE, J.A. The litigation in this case commenced with the issue of a writ of summons by the plaintiff/appellant hereinafter referred to as the Appellant at the High Court, Kumasi on the 6th day of June 2006 against the defendant/respondent hereinafter referred to as the Respondent, seeking the following relief: “An order for the defendant to yield vacant possession and handover House No. Plot 35 Block AB Patasi West, Kumasi to the plaintiff.” The appellant lost the action, hence the appeal to this court. The facts of the case are these: Both the appellant and the respondent are business men dealing in second hand clothes and both live in Kumasi. It is alleged by the respondent that they are also good friends though this has been denied by the appellant. Somewhere in or about March 2003, the respondent told one Mr. Andy Kofi Owusu Ansah, also a secondhand clothes dealer in Kumasi that he wanted to sell his House No. Plot 35 Block AB West Patasi, Kumasi and solicited the h...