[2016]DLCA8436October 26, 2016Court of Appeal

JULIANA ANTWI AGYEI (MRS) (PLAINTIFF/RESPONDENT) vs. MADAM ADWOA MANU (DECEASED), SUBSTITUTED BY AKUA MANU AND 2 ORS (SUIT NO LS.68/95) AND MADAM ADWOA MANU (DECEASED), SUBSTITUTED BY AKUA MANU vs. DR. MATTHEW KOFI KYEI (SUIT NO. 1/98) AND KWABENA OWUSU ANSAH (DEFENDANT/ APPELLANT) vs. MRS JULIANA ANTWI AGYEI PER HER LAWFUL ATTORNEY MICHAEL KWABENA AGYEMANG (SUIT NO. CS.212/99) [CONSOLIDATED]

DOMAKYAAREH (MRS),J. A. 1. This Ruling is in respect of a Motion on Notice for Stay of Execution filed on 6th June 2016 by Counsel for on behalf of the Appellants/Applicants herein. The suit itself was a consolidated case of three separate actions, all arising out of the administration of the estate of Samuel Antwi Agyei who died intestate, and in the main concerning House No. Plot 14 C Block D, Breman Kumasi. At the end of the trial of the three consolidated cases judgment was given on 6th June 2008 at the High Court, Kumasi in favour of Mrs Juliana Antwi Agyei who was the plaintiff in the 1st suit and the defendant in the third suit while the action in the second suit was dismissed. The judgment granted a Declaration of title to and recovery of possession of a building plot with a dwelling house thereon numbered Plot 14 C Block D, Breman, Kumasi Ashanti and an order of perpetual injunction restraining the defendants and their privies, agents, successors etc. from interfering in t...