[2011]DLCA7931April 11, 2011Court of Appeal

MADAM EMELIA ODARKOR LAMTEY SUBSTITUTED BY LUCY OGBO ODARTEY LAMPTEY (PLAINTIFF/RESPONDENT) vs. MADAM ODARTSO LAMPTEY AKU AND LYDIA ODARTEI LAMPTEY AKU (CO-PLAINTIFFS/ RESPONDENTS) vs. DAVID ODARTEY LAMPTEY SUBSTITUTED BY DANIEL ODARTEY LAMPTEY (DEFENDANT/APPELLANT) D. O. LAMPTEY (SUBSTITUTED BY MARK ODARTEY LAMPTEY) (CO-DEFENDANT/ APPELLANT)

HONYENUGA, J.A. This is an appeal by the defendant and co-defendants/appellants (hereinafter called the appellants) against the judgment of the High Court, Accra dated the 14th day of February, 2008. The said judgment decreed title, recovery of possession and perpetual injunction against the appellants and in favour of the plaintiffs and co-plaintiffs/respondents whom I shall refer to as the respondents in this appeal. The facts of this appeal are that the parties are close blood relations. 1st respondent is the aunt of the deceased defendants and the 2nd respondent is a cousin of the deceased defendants. The parties trace their history through a common ancestry. While the respondents claimed the land and the house in dispute through Lante Aku, the appellants claimed same through Lante Kofi. Lante Aku and Lante Kofi were half brothers. While the mother of Lante Aku came from the Abafum Quarter of La, the mother of Lante Kofi came from the Volta Region. All attempts to have ...