[2011]DLCA3203October 28, 2011Court of Appeal

JOSEPH TUFFOUR OSEI vs. J K OWUSU ANSAH & ANOTHER

IRENE C DANQUAH JA In October 2001 the Plaintiff brought an action in the High Court, Kumasi in his capacity as a principal member for and on behalf of himself and other members of William Buachie Aphram of Abrepo for a declaration that H/No. OTB 589. Asomfo Road, Kumasi is vested in the Plaintiff’s family, damages for trespass, recovery of possession and perpetual injunction against the defendant. In the supporting statement of claim, the Plaintiff pleaded that Buachie Aphram acquired the plot from the Asantehene in February 1945 under a lease agreement for a term of 98 years 2 months and caused a building to be constructed on the plot. Buachie Aphram granted a sub-lease of the property to John Melekos for a term of 50 years. After the expiration of the sub-lease on 27 February 2001, the Plaintiff wrote to the Defendant who is occupying the property to vacate from the property but the Defendant ignored it. The Plaintiff further wrote to other trespassers whose presence he obser.....