[2024]DLHC17751 • January 15, 2024 • High Court
EKRA KOW vs. ADJOA FYNN
JUDGMENT The property at the center of this suit presently on appeal before this court is described as House No. 64/2 Amanful-Takoradi. It is not in dispute that the property originally belonged to the family of the plaintiff/respondent (hereinafter called ‘plaintiff’). The late father of the defendant/appellant (hereinafter called ‘defendant’) was one C.B.K. Fynn (My Fynn) who in his lifetime occupied a portion of the said property. He had done so on the basis of an agreement he entered into with the family of the plaintiff to reconstruct the old swish building into a new one. The agreement was reduced into writing which was tendered at the trial as Exhibit A (another copy was later tendered as Exhibit 3). It had been initially agreed between the parties that Mr. Fynn would reconstruct the building into one storey with 7 rooms on each floor making 14 rooms. However, when the plan was designed, the land could contain 25 rooms in the storey. My Fynn was to solely fund the...