ADUM AKYEAMPONG AND MRS ADUM AKYEAMPONG vs. MRS OWUSU BROWN ,EDMUND OWUSU BROWN, WINIFRED OWUSU BROWN [2016]DLCA4425

ADUM AKYEAMPONG AND MRS ADUM AKYEAMPONG vs. MRS OWUSU BROWN ,EDMUND OWUSU BROWN... [2016]DLCA4425

Date	2016-02-11
Suit No.	SUIT NO: H1/133/2014
Citation No.	[2016]DLCA4425

OFOE J.A KORBIEH J.A

MENSAH J.A

RAYMOND BAGNABU FOR THE PLAINTIFF/ RESPONDENT

DAVID AMETEFE 1ST DEFENDANT/APPELLANT

HUMPHREY MODZAKAH FOR 2ND DEFENDANT/RESPONDENT

KWABENA DARKO ASIEDU FOR 3RD DEFENDANT/RESPONDENT

[2016]DLCA4425
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													<main id="main" class="content" style="min-height: 60rem" >ADUM AKYEAMPONG AND MRS
ADUM AKYEAMPONG<o:p></o:p>&nbsp;(PLAINTIFFS/ RESPONDENTS)<o:p></o:p>vs.<o:p></o:p>MRS OWUSU BROWN<o:p></o:p>&nbsp;(1ST
DEFENDANT/APPELLANT)<o:p></o:p>EDMUND OWUSU BROWN<o:p></o:p>(2ND DEFENDANT/RESPONDENT)<o:p></o:p>WINIFRED OWUSU BROWN<o:p></o:p>(3RD DEFENDANT/RESPONDENT)<o:p></o:p>&nbsp;[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO: &nbsp;H1/133/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 11TH FEBRUARY, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>RAYMOND BAGNABU FOR THE
PLAINTIFF/ RESPONDENT<o:p></o:p>DAVID AMETEFE 1ST
DEFENDANT/APPELLANT <o:p></o:p>HUMPHREY MODZAKAH FOR 2ND
DEFENDANT/RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

KWABENA
DARKO ASIEDU FOR 3RD DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OFOE
J.A KORBIEH J.A, MENSAH J.A&nbsp;&nbsp; <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>OFOE, J.A:<o:p></o:p>This
suit started as a straight forward claim for money had and received by the 1st
defendant from the plaintiffs with the promise to give plaintiffs an
uncompleted property to rehabilitate and occupy, which promise had failed. Each
party is accusing the other of breaching the understanding reached for the
rental of the property. It was in the course of proceedings but before
commencement of trial on the 14th of November 2012 that the 2nd
and 3rd defendants were join to the suit on application by the
plaintiffs. The reason they were joined was because they were executors of this
uncompleted property which formed part of the estates of the late Edmund Oppong
Owusu Brown. They were joined as 3rd and 4th defendants. I
will explain how they became 2nd and 3rd defendants
shortly.<o:p></o:p>After
the joinder the parties filed their respective pleadings, issues and additional
issues were set down for trial which proceeded to conclusion with judgment on
the 29th October 2013. Undoubtedly on the joinder of the 2nd
and 3rd defendants the suit enlarged beyond the proportion anticipated
by the plaintiff whose simple claim was for return of monies they paid and
spent on the property rented out to them by the 1st defendant. The 2nd
and 3rd defendants on joining the suit filed a counterclaim against
the 1st defendant who also in response filed a counterclaim against
the 3rd and 4th defendants. A summary of the pleadings of
the parties will make this point clearer.<o:p></o:p>The
plaintiffs’ statement of claim is found at page 47 of the record of appeal as
amended statement of claim. The case of the plaintiffs was that they entered
into an oral tenancy agreement with the 1st defendant and paid to her
600 pounds and $2000 (an equivalent of GH¢2,200) for her to complete the
property for their occupation. The 1st defendant failed and it was
agreed that the plaintiffs use their own money to complete the house and the
expenditure incurred thereby used to defray future rent. According to the
plaintiffs when they were getting to completing the property, the 1st
defendant asked for an interim account which they gave to the 1st
defendant. Not long after the 1st defendant interrupted progress of
work again asking to renegotiate the rent. She complained also that the
plaintiffs were spending too much on the property. Plaintiffs therefore
requested the 1st defendant to use the monies she earlier collected
from them to complete the property herself. 1st defendant did
complete the building but surprisingly gave it out to some other tenant. They
had no other option but to ask for the return of all monies they had sank into
the property. Their writ of summons was for<o:p></o:p>&nbsp;
“a. An order that the plaintiff
recovers the amount of 600 pounds and $2000 or its</main>