[2024]DLCA17910October 24, 2024Court of Appeal

UMAR USTAZ YUSIF & 2 ORS. vs. ASMAWU YUSSIF & 3 ORS.

JUDGMENT OBENG-DIAWUO (JA) INTRODUCTION This appeal emanates from the Judgment of the Circuit Court, Kumasi dated the 14th day of December, 2023 in which the Learned Trial Judge dismissed the case of the plaintiffs/appellants (hereinafter called the plaintiffs) and entered judgment for the defendants/respondents (hereinafter called the defendants) on their Counterclaim and proceeded to award costs of GHC4,000.00 in favour of the defendants. THE FACTS The facts that gave birth to the instant appeal are quite simple and straightforward devoid of any complexities; and may be summed up as follows: The parties in this case save the 3rd defendant are siblings of full blood. Their mother is one Hajia Hafsatu. It is an undisputable fact that Hajia Hafsatu the mother of the parties herein save the 3rd defendant in her lifetime was a very close friend to one Hajia Adiza who indisputably and in her lifetime was the owner of a subject house which is known and called Plot No. 20 ...