[2014]DLCA5163June 27, 2014Court of Appeal

KOFI ADOMAKO, KWEKU AMPONSAH AND OSEI KWAME vs. ALEX GYEKYE AND ABENA NSUO

AYEBI J.A. 1. This is an appeal against the judgment of a Kumasi Fast Track High Court dated 24th October 2011. The subject-matter is H/No. NT 37 Block 21, New Tafo, Kumasi. It is a two-storey building with a basement consisting of 31 rooms with facilities attached. The house is the self-acquired property of Opanin Kwabena Nkrumah @ Kwabena Marfo who passed away in October 1985. 2. The first plaintiff Alex Gyekye is one of the sons of the deceased while the 2nd plaintiff is a surviving widow. The deceased had two sisters Abena Nyantakyiwaa and Ama Dentaa who predeceased him. The defendants herein who are descendants of the two sisters are the grandnephews of the deceased. The deceased lived in the house with his wife, children and some of his nephews, nieces, grandnephews and grandnieces as well as some few tenants. 3. The case of the plaintiff is that some years before Opanin Kwabena Marfo died he was struck by stroke twice. He was physically and mentally affected adversely....