SERWAH JONAH
V.
AMA MENSAH BOTWE

(2013) JELR 69678 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/119/2011 ·  7 Nov 2013 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), APALOO J.A., LOVELACE-JOHNSON (MS.) J.A.
Core Terms Beta
defendant
evidence
plaintiff
dominic owusu-ansah
learned trial judge
new town road
late albert owusu-ansah
appellate court
sufficient evidence
credible evidence
grounds of appeal
instant case
albert bonsu owusu-ansah
case of the plaintiff
children of defendant
consent of the family of her late husband
customary law
dw2 anthony kofi adusei
general rule
occupation of the outhouse
rules of evidence
said house no.
substantial improvements
trial court
accepted evidence
administration of the intestate estate
administration of the late albert owusu-ansah
basic facts
circumstances of the defendants occupation
defendant’s right
defendant’s statement
direct evidence
effect of the amendment of defendant
face of overwhelming evidence
following grounds
joseph owusu-ansah
judgment of the circuit court
number of houses
overwhelming weight of the evidence
pertinent question
plaintiff’s claim
plaintiffs claim
prima facie case
recovery of possession of the outhouse
trial court’s conclusion
woman of the late albert owusu-ansah
younger brother

JUDGMENT

KUSI-APPIAH, J.A.: This is an appeal from a judgment of the Circuit Court, Accra, dated the 31st day of October 2002, in which the trial court entered judgment for the plaintiff/respondent (hereinafter called the Plaintiff) against the defendant/appellant (hereinafter called the Defendant).

The basic facts are not in dispute. On or about 5th day of June, 1998, the plaintiff instituted this action on her own behalf and on behalf of her brother Albert Bonsu Owusu-Ansah against the defendant, claiming recovery of possession of the outhouse to House No. 156, New Town Road, Kotobabi, Accra.

The case of the plaintiff as gathered from her pleadings and especially evidence at the trial is that, she and Albert Bonsu Owusu-Ansah are children by one woman of the late Albert Owusu-Ansah who died intestate on 17th October, 1963, leaving other children by five other women. One of the other women is the defendant with whom he had two issues, namely; Joseph Owusu-Ansah and Alberta Owusu-Ansah.

A…

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