J U D G M E N T
ANIN YEBOAH, J.S.C:-
This is an appeal against the judgment of the Court of Appeal dated the 13/03/2006. The Court of Appeal allowed an appeal against the judgment of the High Court, Kumasi which was delivered on 15/07/2002. The Plaintiff/Respondent/Appellant who for the sake of brevity shall be referred to as the Appellant herein on 25/10/1996 issued a writ of summons against the Defendant/Appellant/Respondent (who shall be referred to in this judgment as the Respondent). The action was for a declaration to the effect that a single room in a house at old Amakom known as H/No Plot 2 Block XIII, Old Amakom is neither the property of the Respondent nor any member of her family. The appellant also sought as ancillary reliefs, ejectment and recovery of possession and injunction.
The case for the appellant was that one Kwabena Bio was the original owner of H/No Plot 2 Block XIII, Old Amakom, in Kumasi and in 1954 he assigned his interest in the house to one Yaw Mensah a grand …