ASARE KORANG J.A.:
This is an appeal against the judgment of the Circuit Court, Tarkwa dated 24th February, 1997 wherein the learned Circuit judge entered judgment in favour of the plaintiff/respondent [hereinafter described as the Respondent], on his claim and dismissed the counterclaim of the Defendant/Appellant [hereinafter called the Appellant].
In the court below, the respondent sued for himself and the children of the late Henry Francis Burns-Blisseth for a declaration of ownership of House No. MS1 situate on main street Tarkwa, possession thereof and perpetual injunction.
In her Statement of Defence, the appellant counterclaimed against the Respondent for a declaration that the house in dispute is family property belonging to the Appellant's family.
In his statement of claim as amended, the Respondent averred that his grandfather was one Francis Burns-Blissett, a Sierra Leonean national who came to the then Gold Coast, now Ghana and worked with the Gold Coast Railway Corporation.