[2025]DLCA18398February 13, 2025Court of Appeal

FELICIA OSEI BONSU vs. ATAA AKOSUA AND GEORGINA OSEI

The Plaintiff, Felicia Osei Bonsu, residing in the USA, is the daughter of the 1st Defendant and senior sister to the 2nd Defendant. The Plaintiff funded her mother's (1st Defendant) trip to the USA in 1992, where the mother stayed for 17 years with all expenses paid by the Plaintiff. The 1st Defendant purchased a plot in Duasi, Kumasi, and began building a house but due to financial constraints, the Plaintiff took over construction, investing approximately USD 211,000, while the 1st Defendant had invested USD 7,000. Disputes arose over ownership shares and access to the property, with the 1st Defendant and 2nd Defendant asserting claims contrary to the Plaintiff's interests. The Plaintiff also alleged assault by the 2nd Defendant.

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JUDGMENT OWUSU-OFORI J.A INTRODUCTION This appeal emanates from the judgment of the High Court, Kumasi, dated the 22nd day of June, 2023, in which the learned trial judge held that property on Plot No 13 Block ‘C’, Duasi-Kumasi was jointly acquired by the Plaintiff/Appellant and the 1st Defendant/Respondent. In this judgment the parties will retain their original designation. The Plaintiff/Appellant will simply be referred to as Plaintiff and the Defendants/Respondents as Defendants. THE FACTS The facts of the instant case may be summed up as follows: The Plaintiff, Felicia Osei Bonsu, who is ordinarily resident in the United States of America is the daughter of the 1st Defendant and a senior sister of the 2nd Defendant. The Plaintiff averred that, she has been living in the United States since 1974. According to the Plaintiff, she left her mother in her early formative years to live with her paternal aunt before leaving the shores of Ghana to stay abroad. In that regard ...