MADAM MERCY KWAKU (PLAINTIFF/RESPONDENT) vs. GABRIEL MENSAH AHIABLE (DEFENDANT/APPELLANT) ALHAJI SHAFIU IBRAHIM (CO-DEFENDANT/APPELLANT)

AYEBI J.A. This is an appeal from the decision of the Ho High Court dated 14th June 2007. The plaintiff/respondent is the tenant of defendant/appellant whiles the co-defendant/appellant is the alleged purchaser of the subject-matter of the tenancy between the plaintiff and defendant. For ease of reference in this judgment I will refer to plaintiff/respondent simply as plaintiff, defendant/appellant as defendant and co-defendant/appellant as co-defendant. The subject-matter of the suit is H/No. ASI-B357 with land situate and lying at Gbedekope, Teshie-Aflao in the Ketu South District. It is owned by the defendant who himself resides at Dzelukope-Lormnavakope in the Keta District. Plaintiff trades in mainly foam mattresses and such products. In early 1997, the plaintiff saw an uncompleted building consisting of a store and a single room. She desired it for her business. She traced the defendant whom she got to know as the owner to his place of residence. Defendant agreed ...