ANTHONY MENSAH, MR. & MRS. ADU BOAHEN OWUSU AND ELIZABETH MENSAH vs. SAMUEL MANU ABEYIE, MRS. ELIZABETH OPOKU MENSAH ABEYIE AND ALICE HAICK (NEE ALICE BEDWEI)

Mariama Owusu, J.A: This is an appeal against the decision of the High Court, Kumasi dated 23-7-2010. In the said decision, the court held among other things that: “It is evident that the plaintiffs have no cause of action against the 1st and 2nd defendants. The cause of action they may have against the 3rd defendant may relate to breach of agreement and not the type of reliefs sought in the instance action. In view of the courts holdings, the trial of the other issues are completely unnecessary. The plaintiffs have no cause of action and therefore have no capacity to institute the present action. The court herby dismisses all the claims sought by the plaintiffs. As assignees, the 1st and 2nd defendants have title to the disputed property and are entitled to recovery of possession. Since the plaintiffs are not in the premises under any grant, they are trespassers. And having denied the title of the 1st and 2nd defendants, the plaintiffs are liable to be ejected forthwith…...