[2019]DLCA7799 • May 28, 2019 • Court of Appeal
REV. NANA ADJEI NTOW (PLAINTIFF/APPELLANT) vs. GEORGE ARTHUR (DECEASED) (SUBSTITUTED BY ERIC OFORI) (DEFENDANT/RESPONDENT)
The appellant, Rev. Nana Adjei Ntow, claimed ownership of land plot No. D10/2, Central Area, Sunyani, based on a 99-year lease granted in 2010 and rooted in family inheritance. The respondent, substituted by Eric Ofori, contested this ownership, asserting that he had constructed a storey building on the land pursuant to a 2003 joint building agreement with the Mempeasem family, represented by the appellant's father, Alexander Ntow. The respondent claimed lawful possession of half the building and land, alleging the appellant's lease was obtained by fraud. The appellant denied the respondent's claims and alleged the respondent had no legitimate interest in the land.
read moreDZAMEFE, JA This is an appeal from the judgment of the High Court, Sunyani Brong Ahafo dated 27th April, 2013. The plaintiff in that suit, herein after referred to as the appellant issued the writ against the defendant, referred to as the respondent for the following reliefs; - 1. An ORDER of perpetual injunction restraining George Arthur from interfering or otherwise dealing with the plaintiff’s house on Plot No. D10/2, Central Area Sunyani. 2. A declaration that the plaintiff is the owner of the house or buildings on Plot No. D10/2, Central Area, Sunyani. 3. Recovery of possession of all the ten (10) storerooms and an office space the plaintiff permitted the defendant to let out and use the proceeds to pay off the defendants indebtedness. 4. Any other reliefs as the honourable court may deem fit to make. The plaintiff/appellant in his statement of claim, said he is the Chief Executive of Access toJustice in Ghana, a Human Rights based Non-Governmental Organization (N.....