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secondly, whether or not the contract for the sale of house No. E 44/15 by the first appellant to the respondent was rescinded, and if not whether it should be set aside.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