KOFI SEGBEDZI, MOSES JUJI AND C. K. DAVORDZIE
V.
ASHRIFIE AKRONG

(2014) JELR 65685 (CA)    
Court of Appeal  ·  CIVIL APPEAL: SUIT NO: H1/82/2013 ·  10 Jul 2014 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), DZAMEFE J.A.,TORKORNOO (MRS.) J.A.
Core Terms Beta
plaintiffs
defendant
case
property
high court
learned trial judge
trial court
trial judge
family property
lassey akrong
plaintiffs’ statement
cross-examination of the defendant
ibrahim lassey akrong
kojo akrong
statement of claim
weight of evidence
above principle of law
evidence of the defendant
miscarriage of justice
record shows
statement of defence
supreme court
appellants’ cross-examination
assessment of the case of the parties
audi alteram parteem rule
beneficial owner of the subject property
cross-action
decision of the high court
defendant’s paragraphs
demise of kojo akrong
disputed ownership of a house
eldest son of kojo akrong
factual issues
following grounds
instant appeal
judicial proceedings
lead sufficient evidence
member of the family
order of perpetual injunction
plaintiffs’ case
possession of the property
quiet of plaintiffs
respondent’s case
said house
siblings of ibrahim lassey akrong
such states
valid transfer of title
view of counsel

JUDGMENT

KUSI-APPIAH, J.A.: This is an appeal from the decision of the High Court (Land Division), Accra, over a disputed ownership of a house situated at Nima, a suburb of Accra, and numbered as E84/11.

The facts which gave rise to the dispute were as follows: One Kojo Akrong who died intestate in 1945 was the person who built the house. That was not disputed by the plaintiffs/appellants. However, plaintiffs averred that upon the demise of Kojo Akrong, the property in dispute devolved on his children and between 1972 and 1983, Ibrahim Lassey Akrong whom plaintiffs described as the eldest son of Kojo Akrong initially leased the property to plaintiffs and subsequently sold same with the knowledge and consent of his brothers and sisters to them.

The plaintiffs alleged that the sale was evidenced by a conveyance duly executed by Lassey Akrong in their favour. They contended that after the sale, they assumed ownership and possession of the property without any objection from any member of th…

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