ALHAJI IBRAHIM ABUBAKAR ALHERI AND P. D. PAG ENTERPRISE LIMITED vs. ISSAKA ABDULAI AND UMAR MOHAMMED

MARIAMA OWUSU, J.A. On 28th March, 2017, the Circuit Court, Kumasi gave judgment for the plaintiff on his reliefs (a), (b) and (c) and dismissed 2nd defendants counterclaim on relief (a). In her judgment, the trial court held among other things as follows: “I hereby declare the plaintiffs have legal and equitable interest in two flats (all rooms and utilities on both the ground and 1st floors) in residential Plot No. 4 Block J, Dichemso Extension, Kumasi are exclusively and absolutely per Exhibit ‘A’ to ‘D’. The reliefs ‘b’ is granted only to the extent that the transaction of the said two flats to 2nd defendant were void. The relief ‘c’ is granted only in respect of two flats plaintiffs are adjudged entitled. The 2nd defendant’s relief ‘a’ fails. However, he may be granted portion in the disputed house because there was unchallenged evidence that there is an uncompleted 3rd floor as well as an outhouse (boys’ quarters) sitting on the plot in disput...