JOSEPH YAO ZIWU, GODWIN ZIWU AND WISDOM ZIWU vs. MAWUTOR KUDZORDZI AND FRANK KUDZORDZI

AGYEMANG JA: In this appeal against the judgment of the High Court Ho delivered on the 14th day of May2015, the first defendant/appellant (hereafter referred to alternately as the first defendant, or the appellant) seeks a setting aside of the judgment of that court. The facts of this case typify a run-of-the-mill commercial transaction gone sour. They are sufficiently simple. In 1974, one Franz Koku Kudzordzi (deceased), the father of the plaintiffs granted a twelve-year lease of land near Ho Central market described as: bounded on North-East by Dugbadza market; on the South-west by the road to Dome, on the North-west by the Ho to Dome road, and on the South-east by the Lorry Park, to the first defendant (now deceased), for a renewable term of twelve years at a yearly rent c60.00. The user of the land demised by the lease which was registered as 196/75, was restricted to building for residential/kiosk purposes only. In or around 1975, the patriarch who begat five children: Mawut...