[2019]DLCA8759May 28, 2019Court of Appeal

OPANYIN KWAME ASIEDU MRS THERESA BOAKYE AND FRANK ASIEDU BOAKYE (SUING PER THEIR LAWFUL ATTORNEY NAPOLEON TWUM BARIMA)

AGYEMANG JA: In this appeal against the judgment of the High Court Koforidua, delivered on the 24th day of April 2017, the plaintiff appellant seeks the following alternative orders: a setting aside of the judgment of the court below with judgment entered for the plaintiff; alternatively, an order for the distribution of the residuary estate in accordance with law. The facts of the suit are sufficiently simple. The plaintiff, the brother of the late Kingsley Kwadwo Boakye and his customary successor, commenced an action at the court below against the legal representatives of the late Kingsley Kwadwo Boakye: his widow and son respectively as first and second defendants. The suit sought inter alia, a declaration that house No. J2 Abenase near Oda, called Kyerewaa Villa, was the property of the family of Maame Yaa Kyerewaa alias Maame Yaa Anyanyan, damages for trespass, as well as an injunctive relief against the defendants and their privies. It was the case of the plaintiff that ...