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KWABENA OFORI ODURO, MARY ODURO AND AGNES ODURO
V.
ISAAC KWASI OWUSU

(2014) JELR 68635 (SC)

Supreme Court 23 Dec 2014 Ghana
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- Supreme Court set aside Court of Appeal's decision due to incomplete trial record, specifically missing portions of defendant’s evidence-in-chief and cross-examination, which undermined procedural fairness and the audi alteram partem rule

Case Details

Suit Number:CIVIL APPEAL NO.J4/22/2014
Judges:WOOD C. J. (PRESIDING), ANSAH J.S.C., DOTSE J.S.C., BONNIE J.S.C.,AKAMBA J.S.C.
Counsel:ROBERT KINGSLEY YEBOAH ESQ. FOR THE DEFENDANT / APPELLANT /APPELLANT; KWASI AGYENIM BOATENG ESQ. WITH HIM CONSTANCE QUIST FOR THE PLAINTIFFS/ RESPONDENTS / RESPONDENTS.

JUDGMENT

AKAMBA, JSC

This appeal is from the judgment of the Court of Appeal entered against the Defendant/Appellant/Appellant (hereinafter simply the Defendant) on 21/10/2010 in an action commenced by Plaintiffs/ Respondents/Respondents (hereinafter simply the Plaintiffs) per a writ of summons issued on 23/11/1995.

The Plaintiffs sued the Defendant seeking the following reliefs:

“i. A Declaration that the sale of H/No C383/2 Amugi Avenue, Adabraka, Accra by a deed of conveyance No 461/1985 to the Defendant by the vendor therein was a fraud and therefore null and void.
ii. A declaration that whether or not the defendant was aware of the fraud, the sale was null and void because the vendor had no power to sell the property and the sale passed no title to the Defendant.
iii. An order of the Court setting aside the sale.
iv. An order of the Court ejecting the Defendant and or his agents forthwith from the house.
v. Perpetual injunction restraining the Defendant from exercising any rights of own…

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