ABENA OFORIWAA & 2 OTHERS vs. OP KOFI APPIAH (DECEASED), ABENA FIO (DECEASED)

MENSAH-HOMIAH (MRS.) This is an appeal by the Plaintiffs-Appellants (hereinafter referred to as the Appellants), against the Judgment of the Circuit Court, Koforidua, dated 29th November, 2018 in favour of the Defendants-Counterclaimants- Respondents (hereinafter referred to as the Defendants). THE FACTS OF THE CASE The key facts in this appeal are that one Opanin Kofi Oduro, father of the Plaintiffs, died intestate in 1963 and letters of administration consequently granted in respect of his estate. The defendants are the children of one Maame Abena Gyamfuaa (deceased), a sister of Opanin Kofi Oduro, (decd.). The original defendants died and were accordingly substituted. During the lifetime of Opanin Kofi Oduro, he shared his properties among his wives and children. However, the disputed property which is said to have been built by Opanin Kofi Oduro and his late mother was not gifted to his children and/ or wives. In 1963 when Opanin Kofi Oduro died, the disputed building compri...