SAMUEL K. MARFO vs. ABUSUAPANIN HENRY KWAKU BOADI

HIS LORDSHIP JUSTICE JACOB B. BOON This is an appeal from the judgment of the Konongo District Court presided over by His Worship Nana R. A. Kpodo dated the 29th Day of September, 2010. It was entered for the plaintiff/respondent, to be referred to as the plaintiff. The defendant/respondent, hereafter called the defendant, is dissatisfied with the judgment and has filed the instant appeal. At the Konongo District Court, the plaintiff had sought an order of the court to compel the defendant to release three bedrooms in a house No. NT 23, Konongo, to him and his siblings. He claimed the house was built by his late father, one Kofi Kwakye, and before his demise he gifted the rooms to him, his siblings and their mother. The defendant filed a counter-claim to the effect that as the head of late Kofi Kwakye’s family and his current customary successor, he had a legal right to renovate and / or repair the whole house which in a state of disrepair. He therefore prayed for vacant possession .....