SAMPSON OBENG AND KWAME MENSAH vs. KWABENA MENSAH (SUING FOR HIMSELF & ON BEHALF OF ALL HIS SIBLINGS)

THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY GBADEGBE, JSC AS FOLLOWS:- GBADEGBE: We have before us in the exercise of our appellate jurisdiction, an appeal from the judgment of the Court of Appeal (CA) by which the decision of the trial High Court was varied in part. In the judgment on appeal to us, the learned justices agreed with the lower court’s findings of fact but varied the consequential awards. While the variation of relief 2 relating to an order of perpetual injunction was essentially a different formulation of that which was granted by the trial court, relief 1 was varied in substance to include children and descendants of the plaintiff’s uncle- Opanyin Kwadwo Gyebi. The variation to the order made regarding relief 2 inserted the words; “the children of Opanyin Kwadwo Gyebi and their descendants” to the persons whose beneficial interest in the disputed property was acknowledged in the judgment of the trial court. Following the said judgment, the defendants/ app...