KWAME OFEI vs. JANET DARKO THE TRUSTEES OF THE ESTATE OF REXFORD AYE DARKO AND TSOKOFOH ESTATE LIMITED [2016]DLCA5244

KWAME OFEI vs. JANET DARKO THE TRUSTEES OF THE ESTATE OF REXFORD AYE DARKO... [2016]DLCA5244

Date	2016-02-04
Suit No.	SUIT NO: H1/80/2015
Citation No.	[2016]DLCA5244

S. E. KANYOKE J.A. (PRESIDING)

K. A. ACQUAYE J.A.

S. DZAMEFE J.A.

AKOSUA OSAFO (MRS) (WITH HIM IVAN M. DADZIE) FOR THE DEFENDANTS/ RESPONDENTS

A. G. BOADU FOR THE PLAINTIFF/APPELLANT

[2016]DLCA5244
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													<main id="main" class="content" style="min-height: 60rem" >KWAME OFEI <o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>JANET DARKO <o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p>&nbsp;THE TRUSTEES OF THE ESTATE OF REXFORD AYE DARKO AND TSOKOFOH
ESTATE LIMITED <o:p></o:p>(CO-DENDANTS/RESPONDENTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, CAPE COAST]<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: H1/80/2015&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 4TH FEBRUARY,
2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AKOSUA OSAFO (MRS) (WITH
HIM IVAN M. DADZIE) FOR THE DEFENDANTS/ RESPONDENTS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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A.
G. BOADU FOR THE PLAINTIFF/APPELLANT <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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S.
E. KANYOKE J.A. (PRESIDING), K. A. ACQUAYE J.A., S. DZAMEFE J.A.<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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ACQUAYE, J. A.<o:p></o:p>This
judgment is in respect of an appeal filed against the decision delivered by a
Circuit Court in Accra on 21st December 2012.<o:p></o:p>The
facts preceding this appeal are that the plaintiff/appellant issued a writ of
summons against the defendant/respondent for recovery of house number C822/4
formerly Russian Embassy, order of ejection and mesne profits.&nbsp; The plaintiff/appellant’s case was that in
2005 he purchased house number C822/4 from one Kwabena Appenteng for GH¢10,000.00.&nbsp; He testified that Kwabena Appenteng executed
in his favour an indenture which he tendered as Exhibit B.&nbsp; He testified further that Kwabena Appenteng
gave him his building permit which he tendered as Exhibit D as well as the
drawings and designs of the house which he tendered as Exhibit F.&nbsp; The plaintiff continued that he later
obtained a land title certificate which he tendered as Exhibit C. &nbsp;It was the plaintiff/appellant’s case that
Kwabena Apenteng impressed upon him that the wife of his deceased’s junior
brother was in occupation of the premises and he had given her a year to
vacate.&nbsp; After the year had elapsed the
defendant/respondent who was in occupation refused to vacate hence his
action.&nbsp; The plaintiff/appellant denied
that the house was put up by Kwabena Appenteng’s junior brother Rexford Aye
Darko who owned the building.<o:p></o:p>The
defendant/respondent denied the claims of the plaintiff/appellant and asserted
that her husband Rexford Aye Darko bought the house in the name of his senior brother
Kwabena Appenteng.&nbsp; In 1959 her husband
leased the property to the Russian Embassy in the name of Kwabena Appenteng
because he had issues with the Nkrumah government and collected the rents
without accounting to anybody.&nbsp; The
defendant/respondent pleaded that by various conveyances including one dated 6th
April 1982 registered as No. 2078/1982 Kwabena/Appenteng, the plaintiff’s
vendor reconveyed properties held by him in trust for his junior brother
Rexford Aye Darko to the beneficiaries of Rexford Aye Darko’s estate and Okofoh
Estate Limited. &nbsp;On his death his
trustees assigned the house to Okofoh Estates which has allowed her to continue
to reside in the house as her matrimonial home.&nbsp;
&nbsp;The 1st defendant/respondent
pleaded that the house the subject matter of this suit is the same as that in
an earlier suit commenced by Kwabena Appenteng against Terrence Darko and
Okofoh Estates Suit No. L 400/2000 in which Kwabena Appenteng laid false claims
of ownership to five properties of his late junior brother Rexford Aye Darko. Subsequently
the trustees of the estate of the late Rexford Aye Darko as well as Okofoh
Estates Limited joined the suit as co-defendants.&nbsp; In their defence the co-defendants, also
denied the claims of the plaintiff/appellant and averred that Rexford Aye Darko
acquired the property in dispute from Geofrey Edwin Asare on 6th
August 1974.&nbsp; According to the co-defendants/respondents
the property was the matrimonial home of Rexford Aye Darko and the
defendant/respondent.&nbsp; After the death of
Rexford Aye Darko </main>