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secondly, whether or not the contract for the sale of house No. E 44/15 by the first appellant to the respondent was rescinded, and if not whether it should be set aside.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)…

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