[2022]DLCA15149July 28, 2022Court of Appeal

NANA SARFO KANTANKA AND PAUL OPPONG vs. TAKYI MENSAH AND DIANA NYAMEKYE

ASIEDU, JA. This appeal is against the judgment of the High Court, Kumasi delivered on the 3rd day of July 2020. A writ of summons with an accompanying statement of claim was, on the 23rd May 2013, issued by the Plaintiffs/Appellants against the Defendants/Respondents. In the said writ, the 1st Plaintiff, suing as the head of family for himself and the Oyoko family of Wiamoase, Ashanti together with the 2nd Plaintiff, claim against the Defendants as administrators of the estate of Akwasi Takyi (deceased), jointly and severally, the following reliefs: (i) Declaration that House No. Plot 1 Block 1 New Tafo (Krofrom), which was formerly numbered Plot 24 VI New Tafo, Kumasi, is the property of the Oyoko family of Wiamoase, and not the personal property of the late Kwasi Takyi, a member of the Oyoko family aforesaid. (ii) Declaration that a farmland at a place known and called Akwadwoa at Wiamoase on the Wiamoase stool land is the property of the Oyoko family of Wiamoase. (iii) Decl...