SULEMANA MOSHIE, Ayigya Zongo, Kumasi (PLAINTIFF) vs. ALHAJI ISSAH, Sepe-Tinpomu, Kumasi (DEFENDANT)

The plaintiff instituted this action by writ of summons filed on 25th October, 2000 seeking the following reliefs against the defendant: (a) A declaration that plots No. 5 Block K, Sepe-Tinpomu together with the building thereon belonged to one Musa Sekande now deceased. (b) General damages (c) An order for vacant possession. The defendant resisted the action and filed a counterclaim against the plaintiff seeking the following reliefs: (a) A declaration that, title to plot No. 5 Block K, Sepe-Tinpomu, Kumasi is vested in him. (b) An order that perpetual injunction is granted against the plaintiff herein, restraining him from interfering with the defendant enjoyment and or possession or any way dealing with the property in dispute. At the application for directions stage, the following issues were set down by the court for determination: (a) Whether or not the late Musa Sekande lived in house No. 5 Block K, Sepe-Tinpomu, and Kumasi until his death. (b) Whether or not at the tim...