NATHANIEL A. BADDOO & 3 OTHERS vs. MRS MERCY AMPOFO & RUDOLPH PAPA II AMPOFO AND LINDA NSIAH ABABIO

ADUAMA OSEI JA: In this judgment, the Plaintiffs/Appellants are referred to as “the Plaintiffs”, the 1st and 2nd Defendants/Appellants are referred to as “the 1st Defendant” and “the 2nd Defendant” respectively, and the 3rd Defendant/Respondent is referred to as “the 3rd Defendant”. Also, Plot Nos. 4 and 5, Block II, Bompata, Roman Hill, Kumasi, are together referred to as “the property in issue”. This judgment is delivered in 2 appeals which are from a judgment of the High Court, Kumasi, dated the 24th of February, 2016. In the said judgment, the High Court declared in favour of the Plaintiffs that the property in issue formed part of the estate of Rudolph Numo-Baddoo, but declared against them that a portion of the property had become subject to a proprietary interest created in favour of the 3rd Defendant. The High Court also held the Plaintiffs and their family bound by the terms of an agreement between the 1st Defendant on behalf of the Numo-Baddoo famil...