KWAME OFEI vs. MRS JANET DARKO, THE TRUSTEES OF REXFORD AYE DARKO AND OKOFOH ESTATES LTD.

The plaintiff purchased a property known as house number C822/4 (formerly the Russian Embassy) from Kwabena Apenteng in 2005. Apenteng claimed ownership and provided documentary evidence including an indenture, building permit, and land certificate. The defendant, widow of Rexford Aye Darko, claimed the property was acquired by her late husband in the 1950s and that she had lived there as her matrimonial home. The defendants argued that Rexford Darko was the beneficial owner and that Apenteng held the property in trust for him. The property had been leased to the Russian Embassy by Rexford Darko acting as lawful attorney for Apenteng. The plaintiff sought recovery of possession, ejection, and mesne profits after the defendant refused to vacate following a notice period.

The facts in this case are fairly simple and straightforward. The plaintiff/appellant/respondent (hereafter, plaintiff) issued the writ in the Circuit Court against the first defendant alone, claiming recovery of possession of house number C822/4, formerly known as Russian Embassy, order of ejection and Mesne profits. His evidence in support of his claim, both in his statement of claim and before the trial Circuit Court was very consistent. In 2005, he purchased the property in dispute from one Kwabena Apenteng. Kwabena Apenteng told him the property was his personal property. Apenteng executed in his favour an indenture, which he tendered in evidence. He testified that in proof of his ownership of the property, Kwabena Apenteng gave him the building permit as well as drawings and designs of the house which all bore his name. He tendered those documents too. He later obtained a land certificate which he also tendered. After the purchase, the plaintiff said Kwabena Apenteng impressed up...