[2012]DLCA6685 • May 24, 2012 • Court of Appeal
CHEZ MARIE LOU RESTAURANT vs. EMMANUEL BOSSMAN & 4 ORS.
ACQUAYE, JA The plaintiff/appellant issued a writ of summons accompanied by a statement of claim against the first two defendants claiming an order for recovery of possession of House No. F 871 Oxford Street, Osu, Accra, damages for trespass and perpetual injunction. The plaintiff/appellant averred that she took a lease of the said house for 10 years in 1977 and subsequently extended the lease for five years and continued to be tenant in possession. In their defence the defendants stated that they took possession and started reconstruction of the house at the instance of Guaranty Trust Bank who leased the house from the true and legal owner and his trustees. The plaintiff/appellant then applied and G. T. Bank was joined to the suit as a third defendant. In her statement of defence the third defendant stated that she took a lease of the house from its owner Padriag Orji Edward Mard, a minor who acted by his next friends and trustees Randi Safi and Mirwen Safi and that the true own...