[2020]DLCA9261 • July 30, 2020 • Court of Appeal
AMA ATAA, AMA POKUAA, EFIA SAAH, NANA KUNADU AND AMA SERWAA vs. CYRIL MAINOO AND CYMAIN GHANA LIMITED
Baffour J.A: INTRODUCTION We are confronted in this appeal by the Defendants/Appellants against the judgment of the High Court, Accra wherein the trial court entered judgment for the Plaintiffs/Respondents for the reliefs endorsed on their writ including a declaration that the Respondents are the owners of H/No 24, North Labone, Accra. Opanin Kwame Poku, he it was in his lifetime, who sired forty-five children including the five Appellants as well as Yaw Gyamfi, the vendor of the Respondents. He left behind a will in which he bequeathed H/No 24, North Labone, the res litiga, to all the forty-five children. Notwithstanding an earlier stand by the 1st Appellant who joined forces with her auntie, Ama Afriyie in suit No FA 80/2003 that the said property was by Ashanti customary law, a family property, the Appellants made a volte face after the High Court declared that the res litiga was not the family property of Kwame Poku but a self-acquired one which could be bequeathed in his last ...