[2010]DLSC7828February 10, 2010Supreme Court

ASHIE NEEQUAYE (PLAINTIFF/RESPONDENT/RESPONDENT) vs. ADEE KOTEY (DEFENDANT/APPELLANT/APPELLANT)

BAFFOE-BONNIE, JSC:- The PL/RESP/RESP (hereinafter referred to as plaintiff), originally instituted this action claiming among others: (a) A declaration that the original house number 160 was allocated to Moses Neequaye which house was later exchanged for plot 218 renumbered F.793a/2 and 801/2 East Christianborg Osu and same formed part of his estate. (b) A further declaration that the said house i.e plot 218……was never allocated to Clifford Cudjoe but that he held the house in trust for the beneficiaries of the estate of Moses Neequaye (deceased) The basis of their claim is simply that their father and predecessor in title Moses Neequaye, was allocated the subject matter of the suit by the State Housing Corporation when his own house was wrecked by the earthquake that rocked Accra and its environs in 1939. Subsequent to the allocation but before the completion of the instalmental payments of the building, the defendants father, one Clifford Cudjoe, was permitted to li...