ARYEETEY, J.A.:
A brief background to this appeal would be appropriate. The late Frank Moore who had been registered as German citizen arrived in Ghana with his German wife Mrs Irene Ilse Moore. He obtained a leasehold plot of land for ninety-nine years for building purposes. He took steps to commence a residential building project on the said land. However, before the building could reach roofing level Frank Moore died unexpectedly in a motor accident on the Accra – Tema Motorway. His German wife, who had two children by him, applied for and obtained Letters of Administration in respect of his estate. As administrator of her late husband’s estate Mrs. Irene Moore disposed of the land with the uncompleted building thereon by way of assignment in favour of Jim Ofori and Katharina Writz, who are co-defendants/respondents in this appeal. The co-defendants obtained an indenture dated 7th September 1996 from the assignor as well as building permit from the appropriate local authority to con…