MARGARET OSEI ASSIBEY
V.
COMMANDER GODWIN EDWARD OSEI

(2010) JELR 65569 (CA)    
Court of Appeal  ·  SUIT NO. H1/8/2010 ·  17 Dec 2010 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
respondent
trial court
co-defendant
late kyei
old cedis
court
commander osei
trial
confiscated assets committee
supreme court
adverse claim
appellate court
construction of the house
purchase price
trial judge
cogent evidence
late husband
statement of defence
weight of evidence
akufo-addo vrs cathline
appellants counsel
case of p y atta
case of the plaintiff
co-defendant’s defence
commander godfred edward osei
counterclaim of co-defendant
decided cases
djin vrs musah baako
evaluation of the law
findings of the trial court
following reliefs
further grounds of appeal
general principles of law
high court
main issues
petition exhibit e
properties of commander osei
receipt of a copy of the record
recovery of possession of the said house
restoration of constitutional rule
resulting trust
samuel k kyei
state housing corporation
type sh9 buildings
undisputed facts
voluntary document
widow of samuel kwame kyei

IRENE C DANQUAH JA

The Plaintiff is a widow of Samuel Kwame Kyei (deceased). She commenced the action for and on behalf of herself and the children of the deceased against the 1st and 2nd Defendants who are the sister and nephew respectively of Commander Godfred Edward Osei, one time the Regional Secretary of Ashanti Region. It is the case of the Plaintiff that her late husband who was an ex-serviceman and employed as a security personnel at the time when Commander Osei was the Regional Secretary advanced an initial amount of ¢20,000.00 (old cedis) to Commander Osei as part payment for the purchase of one of the type SH9 buildings from the State Housing Corporation [SHC]. After Commander Osei had paid the initial deposit, the SHC commenced the construction of the house in dispute ie. H/No.461, Kwadaso Estate. After the amount for the initial deposit had been exhausted but with the building uncompleted Commander Osei then introduced the deceased to the foreman of the SHC as the owner of…

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