[2018]DLSC483 • May 23, 2018 • Supreme Court •
SODZEDO AKUTEYE, AGNES AKUTEYE AND AFI AKUTEYE vs. ADJOA NYAKOAH, TETTEH AKUTEYE AND EBENEZER AKUTEYE
The appellants, biological children of the late Tsengor Akuteye, claimed title and possession of house number D/11, Tsinai Agbor Electoral Area, Ashaiman, alleging that the 1st respondent purchased the property fraudulently from the 2nd and 3rd respondents, also children of the deceased, without authority and that the deceased was incapacitated and mentally unstable at the time of sale. The 1st respondent claimed to have purchased the property lawfully from the deceased during his lifetime, with proper documentation and consent from the Tema Development Corporation (TDC).
read moreJUDGMENT AKUFFO (MS), CJ:- This is an appeal against the judgment of the Court of Appeal, delivered on 19th day of November, 2015, setting aside the judgment of the High Court. The Plaintiffs/Respondents/Appellants (hereinafter referred to as ‘the Appellants’), and the 2nd and 3rd Defendants/Appellants/Respondents (hereinafter referred to as ‘the 2nd and 3rd Respondents’), are the biological children of one Tsengor Akuteye (deceased), who during his life time, took a lease from the Tema Development Corporation (hereinafter referred to as ‘TDC’) on house number D/11, Tsinai Agbor Electoral Area, Ashaiman, the subject matter in dispute herein. The 1st Defendant/Appellant/Respondent (hereinafter referred to as ‘the 1st Respondent’) is the purchaser of the said house. Background By a writ of summons issued in the High Court, Accra, on 28th November 2008, the Appellants claimed from the 1st Respondent the following reliefs: - A declaration of titl...