MARGARET OSEI ASSIBEY
V.
JOYCE GBOMITTAH, KWABENA ADOMAKO AND COMMANDER GODWIN EDWARD OSEI

JUDGMENT

SOPHIA. A. B. AKUFFO (MS),J.S.C

Background

This is an appeal from the decision of the Court of Appeal, Kumasi, dated 17^th December 2010, affirming the judgement of the High Court, Kumasi. It worth noting that although on the cover of the Record of Proceedings as well as in the statements of case respectively filed by both counsel for the parties herein one gathers, from the title of the case, an impression that there are three Respondents, it is evident from the Notice of Appeal in this Court that the sole Respondent herein is Commander G. E. Osei, who had been Co-Defendant at the trial of the matter. In this judgment, therefore, he will be referred to as the Respondent and his co-defendants at the high court will be referred as the 1^st and 2^nd Defendants.

Now, the brief background of the appeal is that, by a writ of Summons issued on 22^nd January 2001, the Appellant herein sued the 1^st and 2^nd Defendants in the High Court, Kumasi, claiming:-

1. Declaration of title to H/No. 461, …