JOSEPH JOHN RADDY, JOHN BITAR, VIKIL ABDULLA ESSAKA AND ABUBAKA ESSAKA vs. NANA TUTU AMPEM II

POKU-ACHEAMPONG, J.A.: This is an appeal against `a judgment of the Kumasi High Court dated 26th July 2006 by the 3rd and 4th Defendants/Appellants. For the purposes of this judgment and for reasons of convenience the Plaintiff/Respondent shall be referred to as “the Respondent” and the Defendants/Appellants as “the Appellants”. The Respondent per a writ of summons filed on 11th May 1988 on his own behalf and on behalf of the Akyinakrom Stool claimed against the Appellants jointly and severally the following reliefs: a. A declaration that the instrument executed between the Plaintiff and the 1st and 2nd Defendants and dated 8/7/55 with 1-9-1965 as the commencement date is a Tenancy Agreement for four stores built on plot Number OTB 106, Kumasi and not a devise (sic) assigning 12 years and 30 days being the residue of the term of 50 years granted to Plaintiff by a head lease to the 1st and 2nd Defendants. b. A declaration that as between the Plaintiff’s stool and ...