OSEI BONSU & 2 ORS
V.
KWADWO MENSAH & ANOTHER

(2003) JELR 63487 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 2/2003 ·  13 Feb 2003 ·  Ghana
CORAM
LARTEY J.A., OWUSU ANSAH J.A., ANIM J.A. C
Core Terms Beta
evidence
kwasi obeng
plaintiffs
respondents
1st respondent
akwasi obeng
burden of persuasion
sufficient evidence
town development committee
family character of the property
kwame appiah
plot no.
possession of the house
trial court
appellant's claim
cross-examination
family property
long time
piece of evidence
property of kwasi obeng
provisions of the evidence decree
weight of the evidence
2nd plaintiff
additional grounds
case of duagbor vrs akyea djamson
committee members
customary law pledge
end of the trial
errors of law
estate of a deceased person
evidence of the 2nd plaintiff
following questions
following reliefs
grounds of appeal
late kwasi obeng
learned justice of appeal
legal title
main issue
nature of the evidence
opanin kwasi appiah
part of the trial judge
pledge sum
plot no.17
preponderance of admissible evidence
purported sale of the said house
recovery of possession of the said house
statement of case
strength of his own case
true state of the law
weight of the burden

OWUSU J.A.:

The plaintiffs/appellants hereinafter referred to as Appellants, issued a writ against the Defendants/Respondents referred to simply as Respondents jointly and severally for the following reliefs:

(i) "An order that plot No. 17 Block 111, Ampabame, Kumasi was acquired by Kwame Appiah (deceased) and developed by Akwasi Obeng (deceased) and is thus family property.

(ii) "An order that the transaction which took place between Akwasi Obeng (deceased) and defendants herein which led to the possession of the house by Defendants was a customary law pledge and not a sale and for a further order nullifying any purported sale of the said house and land."

(iii) An order for recovery of possession of the said house from Defendants upon tendering the pledge sum of N ¢600.00 (six Hundred Cedis).

The Respondents resisted the Appellant's Claim contending that the plot No.17, Block 111, Ampabame, Kumasi with the building thereon was the property of Kwasi Obeng. That they bought the said buildin…

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