[2023]DLCA17620December 7, 2023Court of Appeal

GIFTY OPPONG OPOKU vs. CHARLES OPOKU, NANA KWADWO GYASI CO LTD.

JUDGMENT YAW DARKO ASARE JA This instant appeal is against the decision of the High Court, Kumasi dated the 29th of July 2021, whereby the trial court dismissed the Plaintiff/Appellant’s claim for declaration of title to the disputed property known as Plot 4, Blk B, Kona-Kumasi, and in the process entered judgment in favour of the 2nd Defendant/Respondent on its counter- claim for the reliefs endorsed thereon. For purposes of convenience, the Parties shall bear the same designation as in the court below, and accordingly the Plaintiff/Appellant shall hereafter be simply referred to as the Plaintiff, the 2nd Defendant/Respondent as the 2nd Defendant, whilst the 1st Defendant shall be maintained as such. FACTS The facts of this case are far from complex and may be stated briefly. The according to the Plaintiff she acquired the bare land upon which the disputed building was constructed sometime in the year 2007 from one Akwasi Antwi Boasiako Thereafter in the year 2014,.....