FAUSTINA ARABA FORSON
V.
NANA KWASI DADSON

(2008) JELR 65546 (CA)

Court of Appeal · CIVIL APPEAL NO: H1/26/2006 · 31 Jul 2008 · Ghana

CORAM

QUAYE J.A. [PRESIDING], APALOO J.A., GYAESAYOR J.A

Core Terms ^Beta

2nd plaintiff

state housing corporation

defendant

trial judge

plaintiffs

5th november

late etrue-ellis

appellate court

established facts

hire purchase agreement

house no. c149

letter

transfer of the house

findings of fact

principle of bailment

support of the application

trial court

weight of evidence

2nd plaintiff of house no. c149

2nd plaintiffs

2nd plaintiff’s father

additional circuit judge

appeal court

authenticity of the letter

case of the plaintiffs

circuit court

ex-wife

full trial

high purchase

judgment of the circuit court

late john rex etrue-ellis

late mr. etrue-ellis

lower court

order of perpetual injunction

order of possession

owner of house no. c149

part of the inventory of the estate

plaintiffs’ claim

plaintiffs’ sole ground

purported request

rejection of the offer

rule of law

said house

said mr. ellis

see stroud’s judicial dictionary

successor of the deceased

supreme court

surviving children

then state housing corporation

JUDGMENT

APALOO, J.A.

This is an appeal against the judgment of the Circuit Court, Accra presided over by Akoto Bamfo, J [as she then was] sitting as additional Circuit Judge. The judgment was dated 14th February, 2003.

The Plaintiffs/Appellants [to be referred to as Plaintiffs] sued the Defendant/Respondent [also to be referred to as Defendant] claiming the following reliefs:

“1. A declaration that House No. C149, Dansoman does not form part of the inventory of the estate of the late Mr. Etrue-Ellis, the said Mr. Ellis having conveyed his interest to his son.

2. An order of possession to 2nd Plaintiff of House No. C149, Dansoman.

3. An order of perpetual injunction restraining the Defendant, his assigns tenants from having anything to do with the said house.

4. An order for accounts of rent collected so far.

In brief, the 1st and 2nd Plaintiffs were the ex-wife and son respectively of the late John Rex Etrue-Ellis. The late Etrue-Ellis was the owner of House No. C149, Dansoman. The house was…

FAUSTINA ARABA FORSON V. NANA KWASI DADSON

FAUSTINA ARABA FORSON
V.
NANA KWASI DADSON