[2017]DLCA5373 • October 24, 2017 • Court of Appeal
JULIANA ANTWI AGYEI (MRS.) vs. MADAM ADWOA MANU AND OTHERS
The dispute concerns ownership and possession of a residential property located at Plot 14C, Block D, Breman, Kumasi, Ashanti. The parties are family members: a daughter-in-law (Mrs. Juliana Antwi Agyei) against her mother-in-law (Madam Adwoa Manu) and brother-in-law. The deceased, Samuel Antwi Agyei, had commissioned a house to be built on a plot acquired in his name by a friend. After his death in 1993, the widow obtained letters of administration and took possession of the house. The husband's family contested ownership, claiming the mother-in-law financed the purchase and construction, and alleged irregularities in the documentation. Multiple suits were consolidated involving claims for title, possession, damages, and injunctions.
read moreAYEBI, JA 1. This appeal which was launched on 11th July 2008 is against the judgment of Yaw Appau JA (as he then was) sitting as an additional High Court Judge, delivered on 6th June 2008 in three suits which were consolidated. 2. The subject of dispute amongst the parties now centred on a plot with a dwelling house thereon numbered Plot 14C, Block D, Breman Kumasi-Ashanti. The disputants are a daughter-in-law on the one side against her mother-in-law and brother-in-law on the other. In view of the fact that the appellants are not challenging the judgment on the merits but on the grounds of an error in procedure, it will suffice to state the claims of the parties and their pleadings briefly in each suit and then the trial judge’s overall conclusion on the claim in respect of the house as consolidated. 3. The facts of the case in all three suits is that one Samuel Antwi Agyei, deceased was the husband of Mrs. Juliana Antwi Agyei. The first defendant in the first suit LS. 68/9.....