TETTEH
V.
MENSAH AND OTHERS

ESSIEM J.A.: The facts which gave rise to this litigation are set out clearly in the judgment of the trial court and are as follows: Emmanuel Tetteh Adjietor is dead. Or, to state it free of partisanship, he is said to be dead. It is alleged that he worked in Nigeria and died there as the result of a lorry accident in 1976. The plaintiff says that he went to Nigeria to arrange his internment and that on his return the family appointed him as his successor to administer his estate, he being his immediate senior brother. It is his case that his late brother, during his lifetime, owned a house at Abeka, house No B 112A/24, at 3 South Apajafo Road, which he purchased from one Daniel I. Somuah who is also dead. When his brother bought this property he was in Nigeria and the plaintiff took charge of the house upon his instructions. By this time there was no document evidencing the sale to his late brother.

In 1975 the plaintiff, as he alleges, entered into a tenancy agreement with a company …