SARA AMA KUMI SUING AS A BENEFICIARY UNDER THE ESTATE OF THE LATE MADAM SARAH ESHUN OSRAH vs. STATE HOUSE COMPANY LTD.

KUSI-APPIAH, J.A.: The issue in this appeal is a very narrow one of whether the Circuit Court was right in setting aside the plaintiff’s writ upon an application by the defendant pursuant to the entry of conditional appearance without going into the merits of the case or without setting down the cause for hearing. The facts of this case are that the plaintiff describes herself as a granddaughter of the late Madam Sarah Eshun Osrah. At all material times since 1960’s Sarah Eshun Osrah had been the tenant of the defendant’s premises known as Flat No. 3 Block N at Kaneshie, Accra, the subject matter of this case. The plaintiff avers that upon the death of her grandmother, Sarah Eshun Osrah, she became a beneficiary of her estate and consequently occupied the premises which her deceased grandmother held as a tenant of the defendant’s company. According to the plaintiff, she had performed all the obligations required of a tenant to the defendant/respondent. It is the case of ...