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…

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