ELIZABETH TEI, REGINA TEI AND JOSEPH TETEY TEI vs. EMMANUEL AYITEY SOWAH AND MARGARET ABAM AKRONG

Introduction On 30th November 2009, the Circuit Court sitting in Accra presided over by Her Honour Mrs. Patience Mills Tetteh (as she then was) gave judgment in Suit No. C1/17/08; Emmanuel Ayitey Sowah & anor v. Elizabeth Amaney Teye where she declared on page 7 of the judgment that the plaintiffs (defendants in this suit) are absolute owners of the property in dispute. The said judgment was admitted in evidence in this suit as exhibit C. The said Elizabeth Ayitey Sowah is the predecessor in title of the plaintiffs in this suit. In arriving at her decision, the learned judge considered two main documents – a tenancy agreement between Margaret Abam and D. Tei George (which was tendered in evidence in this suit by the plaintiffs as exhibit D and by the defendants as exhibit 3) and a receipt from Margaret Abam to D. Tei George (which was also tendered in evidence in this case by the plaintiffs as exhibit B and the defendants as exhibit 4). The learned judge in analysing the sai.....