[2016]DLCA4425 • February 11, 2016 • Court of Appeal
ADUM AKYEAMPONG AND MRS ADUM AKYEAMPONG vs. MRS OWUSU BROWN ,EDMUND OWUSU BROWN, WINIFRED OWUSU BROWN
OFOE, J.A: This suit started as a straight forward claim for money had and received by the 1st defendant from the plaintiffs with the promise to give plaintiffs an uncompleted property to rehabilitate and occupy, which promise had failed. Each party is accusing the other of breaching the understanding reached for the rental of the property. It was in the course of proceedings but before commencement of trial on the 14th of November 2012 that the 2nd and 3rd defendants were join to the suit on application by the plaintiffs. The reason they were joined was because they were executors of this uncompleted property which formed part of the estates of the late Edmund Oppong Owusu Brown. They were joined as 3rd and 4th defendants. I will explain how they became 2nd and 3rd defendants shortly. After the joinder the parties filed their respective pleadings, issues and additional issues were set down for trial which proceeded to conclusion with judgment on the 29th October 2013. Undoubtedly on...