JUDGMENT
ANINAKWAH, JSC
This is an appeal against the judgment of the Court of Appeal reversing the judgment of the High Court, Kumasi delivered on the 11th day of December, 2002, which granted all the reliefs’ sought by the plaintiff and dismissed the defendants’ counter claim.
Aggrieved by the High Court decision, the appellant (hereafter referred to as the defendant), successfully appealed against the judgment of the High Court and had it reversed.
The plaintiff who claimed to be the Head of her family sued on behalf of her maternal family of Ampabame, Kumasi-Ashanti, against the defendants claiming:-
“(a) Declaration that House No. AM.9, Ampabame, Kumasi, devised by late Opanin Kwabena Asante in his last Will dated 18th September, 1986, is the property of the family.
(b) An order of recovery of possession of the said house.
(c) Perpetual Injunction to restrain the defendants”.
In her Statement of Claim, the Plaintiff avers that she is the head of her maternal family and that she brought t…