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…

OSEI BONSU & 2 ORS V. KWADWO MENSAH & ANOTHER

OSEI BONSU & 2 ORS
V.
KWADWO MENSAH & ANOTHER