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KESSIE
V.
NAMIH AND OTHERS

(1980) JELR 64876 (HC)

High Court 25 Apr 1980 Ghana
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- The case involves a dispute over the ownership of a property, plot No. O.T.B. 145. - The plaintiff, Cobina Kessie, alleges that fraud was committed by the defendants and certain officers employed in the Lands Registry. - The plaintiff cla

Case Details

Judges:ROGER KORSAH J.
Counsel:COBINA KESSIE FOR HIMSELF AS THE PLAINTIFF; HAYFRON-BENJAMIN FOR THE CO-DEFENDANT.
Other Citations:[1980] GLR 444

ROGER KORSAH J.

The law, as I understand it, is that if M. D. Namih perpetrated a fraud on Cobina (with a C) Kessie, proceedings to avoid the transaction may be taken at any time while the influence still operated on the mind of Cobina (with a C) Kessie. But after the influence has ceased to persist, that is, after Cobina (with a C) Kessie in 1949 had demanded, obtained and read exhibits A and B in which appeared the recitals that he had assigned the whole of his interest to M. D. Namih, he was enjoined by the law to commence proceedings within a reasonable time: see Bullock v. Lloyds Bank Ltd. [1955] Ch. 317; otherwise he must be taken to abide by the transaction and confirm it: see Allcard v. Skinner (1887) 36 Ch.D. 145, C.A. In my view, 27 years is too long a time to wait before commencing proceedings to vitiate the transaction between him and Namih on the grounds of fraud, if there was ever any fraud.

Now in exhibit C, which is the original indenture of lease between the Government …

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