AKUA NSOWAA, AKOSUA AMPONSAH (FOR HERSELF AND ON BEHALF OF ATTA KWADWO AND ATAA ADWOA) AND KWAKU NSIAH (CUSTOMARY SUCCESSOR OF KOFI AMPONSAH AND KWADWO TIWAAH) vs. TOAYIRI BAMBA AND HAJIA MAMAA

The dispute concerns ownership of house No. C78 (now B7/2), Zongo/Wenchi, originally owned by Seidu Menje. Plaintiffs claim Kofi Amponsah purchased the house outright in 1951, evidenced by receipts and property rate payments, and seek declaration of title, possession, damages for trespass, and injunction against defendants. Defendants claim Seidu Menje only pledged a portion of the house to Kofi Amponsah for a £1 loan, which was repaid through rents, and counterclaim for title to the pledged portion, possession, injunction, and account of rents. The trial court found plaintiffs' documents dubious and accepted defendants' pledge claim, ordering title and possession to defendants and injunction against plaintiffs.

AYEBI, JA This is an appeal from the judgment of the Wenchi High Court dated 3rd June 2013 by the plaintiff. The disputed house No.C78 (now B7/2), Wenchi it is agreed was originally owned by Seidu Menje alias Seidu Banda alias Asiedu Menje. The first plaintiff described herself as a niece of Kofi Amponsah whose biological children are the second plaintiff and her siblings. The third plaintiff is identified as the current customary successor of Kofi Amponsah. It is the case of the plaintiffs that Kofi Amponsah in his lifetime bought the disputed house from Seidu Menje in December 1951. But the defendants are laying adverse claim to the house, hence the suit. The claim of the plaintiffs at the trial court is for: a. A declaration of title, ownership and recovery of possession of H/No.C78 (now B7/2) Zongo/Wenchi which said property the defendants are laying adverse claim to b. General damages for trespass c. An order of perpetual injunction to restrain the defendants, their...