[2010]DLCA3650 • March 25, 2010 • Court of Appeal
MARY WIAFE vs. NAANA BUSIA
IRENE C. DANQUAH (MS.) J. A. The DefendantAppellant in this appeal was sued by the Plaintiff/Respondent in the High Court, Kumasi whereby the Plaintiff was declared owner of the store occupied by the Defendant at the frontage of H/NO 0TB7, BLK 11. Adum Kumasi and therefore entitled to immediate possession thereof. The facts of the case of the Respondent at the court below are that sometime in May 2007 she acquired the store the subject matter in litigation from one Benjamin Grant Fynn (vendor) absolutely. At the time of her acquisition, the appellant who was occupying the store was giving the first option to purchase it. After appellant failed to exercise the option given to her, the right to purchase the store was extended to her which she accepted. The appellant on two occasions was served with notices to vacate the premised and that was after she had accepted to give vacant possession and had received a refund of ¢41,500,000.00 from the vendor. Upon the expiration of the notic....