[2024]DLCA17626May 9, 2024Court of Appeal

YAW SUNKWA vs. MR KWADWO BOATENG & KWAME BOAHEN

JUDGMENT BAAH, J.A BACKGROUND This judgment is on an appeal filed on 11 July 2016 by the Plaintiff/Appellant (hereafter Appellant), as an executor of the last Will and Testament of the late Nana Kofi Sarpong, challenging the decision of the High Court, Kumasi, dated 8 June 2021, by which the reliefs in the counterclaim of the 2nd Defendant/Respondent (hereafter Respondent) were vindicated but the reliefs sought by the Appellant dismissed in their entirety. Parties It is noted that the Appellant instituted the action against 2F International (Ghana) Limited and one Kwadwo Boateng, as 1st and 2nd defendants respectively. The then 1st Defendant, 2F International (Ghana) Limited, upon entry of appearance, filed a counterclaim against the Appellant, on the grounds that the disputed property was not acquired by it, but by one Kwame Boahen. The said Kwame Boahen joined the suit as the 3rd Defendant with the aim of defending his interest in the subject property. He also counterclaimed a...