(1986) JELR 65431 (CA)    
Court of Appeal  ·  5 Jun 1986 ·  Ghana
Core Terms Beta
house no. c
name of kwame kuma
sale of the said house
second defendant
part of the building
member of the plaintiffs
yaw addo
building society
amma odum
first respondent
kwame kuma
family property
learned trial judge
public auction
property of the appellants
first defendant
said amma odum
second respondent
trial court
high court judge
first plaintiff
q okyenhene
cost of the building project
deeds registry no.
better understanding of the case
high court
mortgage transaction
deed of conveyance
auction notices
members of her maternal family
said mortgage
plaintiffs’ family property
ghana commercial bank
family house
whole house
grant of the building plot
original owner
later date
principal members
following answers
sufficient evidence
portion of the land
first plaintiff’s witness
purchase price
favour of the said kwame kuma
unsuccessful attempt

ABBAN J.A.: The appellants sought two reliefs in the High Court, Koforidua. First, for a declaration that house No. C/71 situate at Asamankese and bearing the name of Kwame Kuma (now deceased) was the property of the appellants’ family; and secondly, an order to set aside the sale of the said house by the second respondent to the first respondent. On 13 October 1983, the learned High Court judge gave a judgment in which he refused to grant the appellants any of the reliefs they had asked for and dismissed the action.

It is essential for a better understanding of the case to state fully the rival stories canvassed by the parties before the trial court. The appellants (hereinafter referred to as the plaintiffs) by their pleadings and in their evidence contended that the house in dispute had been their family property on the basis that one Amma Odum, a member of the plaintiffs’ family, originally owned the land on which the house now stands. They alleged that this Amma Odum in her lifetim…

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