MARGARET OSEI ASSIBEY vs. JOYCE GBOMITTAH, KWABENA ADOMAKO AND COMMANDER GODWIN EDWARD OSEI

The appellant, widow of the late Samuel Kwame Kyei, claimed ownership and possession of house number 461, Kwadaso Estate, Kumasi, alleging that her late husband was the beneficial owner and had been in undisturbed possession for twenty years. The respondent, Commander Godwin Edward Osei, a senior military officer, contended he purchased the property from the State Housing Corporation (SHC) with mortgage financing and that the appellant's late husband and family occupied the house without his consent. The appellant alleged that the respondent helped her late husband purchase the house by fronting for him due to his junior military status, with an initial payment of ¢20,000-25,000 old cedis advanced by her husband. The respondent denied this, asserting ownership and that the appellant's late husband forcibly took possession. The dispute arose after the respondent forcibly ejected the appellant and her family from the property in 2000.

SOPHIA. A. B. AKUFFO (MS),J.S.C Background This is an appeal from the decision of the Court of Appeal, Kumasi, dated 17th December 2010, affirming the judgement of the High Court, Kumasi. It worth noting that although on the cover of the Record of Proceedings as well as in the statements of case respectively filed by both counsel for the parties herein one gathers, from the title of the case, an impression that there are three Respondents, it is evident from the Notice of Appeal in this Court that the sole Respondent herein is Commander G. E. Osei, who had been Co-Defendant at the trial of the matter. In this judgment, therefore, he will be referred to as the Respondent and his co-defendants at the high court will be referred as the 1st and 2nd Defendants. Now, the brief background of the appeal is that, by a writ of Summons issued on 22nd January 2001, the Appellant herein sued the 1st and 2nd Defendants in the High Court, Kumasi, claiming:- 1. Declaration of title to H/No. 461, K...