(1993) JELR 69445 (CA)    
Court of Appeal  ·  27 May 1993 ·  Ghana
Core Terms Beta
1st defendant
2nd defendant
trial judge
appellate court
house no
own resources
appeal court
decision of the court
2nd defendant’s case
2nd defendant’s possession
accepted principle of law
additional judge of the court of appeal
benefit of the exclusive family consisting of plaintiff
bruce v attorney-general
case of payin ii v anquandah
decision of the high court
deed of assignment of house no
dictum of lord shaw
district tramways co
enjoyment of the said property
family property
great respect
higher court
house of lords
inter alia
lord chancellor
lordship mr justice taylor
main issues
matter of justice
only question of law
order of specific performance
own use
own view of the probabilities of the case
particular circumstances of the case
plaintiff’s claim
principle of law
property of the plaintiff
reason of such contribution
relevant findings of fact
respect of all rents
sale of house no
subject-matter of the action
trial court
verity cj’s observation

AMPIAH JSC. This is an appeal by the plaintiff from the decision of the High Court, Tamale dated 22 May 1989. In her amended writ of summons, the plaintiff claimed against the defendant for: (1) declaration that House No 1.86, Tamale is the property of the plaintiff; (2) an order of specific performance against 1st defendant to execute a deed of assignment of House No 1.86 to the plaintiff; (3) alternatively an order that House No 1.86 is family property for the benefit of the exclusive family consisting of plaintiff, her children and 1st defendant and that the same cannot be sold by the 1st defendant without the consent of the plaintiff and her children; (4) an order that the sale or purported sale of House No 1.86 by the 1st defendant to 2nd defendant is null and void and of no effect; (5) alternatively a declaration that House No 1.86 is affected by trusts under which the plaintiff and, or, her children are beneficiaries and that the sale by the 1st defendant to the 2nd defendant i…

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