KOTOKOLI AND ANOTHER
V.
SARBAH

(1980) JELR 65748 (HC)

High Court · 22 May 1980 · Ghana

CORAM

CECILIA KORANTENG-ADDOW J.

Core Terms ^Beta

defendant

house

evidence

plaintiff

accra

nima

receipt

counsel

name of the defendant

trial court

accra-tema city council

bede’s evidence

evidence of ownership

first appellant

learned magistrate

site plan

trial magistrate

yaya kotokoli

additional grounds of appeal

building materials

cecilia koranteng-addow j.

civil procedure

concrete evidence of ownership

deceased wife

deep forest

documentary evidence

documents

evidence of the sale

father of the defendant

first defendant-appellant

force of the aliens compliance order

general rule

general rule of evidence

high court

house no. e44

land owner

last ground of appeal

main ground

mr. barber chamba of nima

mr. goodhead

owner of the property

plaintiff-respondent

production of a site plan

rent-free

sakari kotokoli-landlord

sale of house no. e

second additional ground of appeal

transfer of ownership of house no. e.44

yaya kotokoli’s evidence

yaya’s evidence

CECILIA KORANTENG-ADDOW J.: The issues for determination in this case are: firstly whether the first appellant had title in the house to transfer to the respondent, and secondly, whether or not the contract for the sale of house No. E 44/15 by the first appellant to the respondent was rescinded, and if not whether it should be set aside. The trial court resolved these issues in favour of the respondent and the appellants have appealed to this court on the main ground that the case of the appellant was not considered by the trial court.

Some time in May 1970 the first defendant-appellant (hereinafter called the defendant) offered house No. E44/15 at Nima, Accra, to the plaintiff-respondent (hereinafter called the plaintiff) for sale at a price of ¢600. The plaintiff agreed to buy and paid the full purchase price for which a receipt dated 31 May 1970 was issued by the defendant. The defendant asked to be allowed to occupy two rooms in the house (which would have been let for ¢3 per room)…

KOTOKOLI AND ANOTHER V. SARBAH

KOTOKOLI AND ANOTHER
V.
SARBAH