KWAME OFEI
V.
MRS JANET DARKO, THE TRUSTEES OF REXFORD AYE DARKO AND OKOFOH ESTATES LTD.

(2018) JELR 65311 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/22/2017 ·  31 Jan 2018 ·  Ghana
CORAM
ADINYIRA JSC (PRESIDING),DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC ,BENIN JSC
Core Terms Beta
property
plaintiff
evidence
kwabena appenteng
kwabena apenteng
court of appeal
russian embassy
defendant
rexford aye darko
plaintiff’s vendor
rexford darko
resulting trust
adverse possession
rexford ayeh darko
said property
trial circuit court
exhibit b
judgment of the court of appeal
first defendant
late husband
lawful attorney of kwabena apenteng
legal owner
record of consent
building permit
circuit court
learned trial judge
lease hold agreement
respect of the property
statement of claim
support of his claim
50-page statement of case
claim of the plaintiff
designs of the house
estate of rexford darko
example exhibit
following grounds
inspite of the copious documentary documents
judgment of the trial judge
lawful attorney of kwabena appenteng
long time
personal property
proof of his ownership of the property
recovery of possession of house number c822
sole ground
st defendant’s husband
title deeds
trial court
trustee of the estate of rexford ayeh darko

JUDGEMENT

BAFFOE-BONNIE, JSC:-

The facts in this case are fairly simple and straightforward. The plaintiff/appellant/respondent (hereafter, plaintiff) issued the writ in the Circuit Court against the first defendant alone, claiming recovery of possession of house number C822/4, formerly known as Russian Embassy, order of ejection and Mesne profits. His evidence in support of his claim, both in his statement of claim and before the trial Circuit Court was very consistent. In 2005, he purchased the property in dispute from one Kwabena Apenteng. Kwabena Apenteng told him the property was his personal property. Apenteng executed in his favour an indenture, which he tendered in evidence. He testified that in proof of his ownership of the property, Kwabena Apenteng gave him the building permit as well as drawings and designs of the house which all bore his name. He tendered those documents too. He later obtained a land certificate which he also tendered. After the purchase, the plaintiff said…

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