SAKYI
V.
BASARE

(1985) JELR 65690 (CA)

Court of Appeal · 22 May 1985 · Ghana

CORAM

SOWAH J.S.C.,ABBAN JA,OSEI-HWERE J.A.

Core Terms ^Beta

second defendant

plaintiff

first defendant

documents

kofi basare

opanin adade

trial judge

sale of the house

uncompleted house

ayi shetu

consent of the plaintiff

good faith

statement of claim

appellate court

block vii old tafo west

care of the house

cash deposit

completion of the house

default judgment

disputed house

evidence of the first plaintiff witness

execution of the said conveyance

exhibit a1

exhibits a1

exhibits b

failure of the trial judge

findings of fact of a trial judge

first defendant’s evidence

first defendant’s title

first plaintiff witness

following findings of fact

great respect

gruelling cross-examination

half-way

inter alia

judgment of the trial high court

medical care

name of the plaintiff

osei-hwere j.a.

owner of the said house

own pleading

plaintiff’s claim

plaintiff’s evidence

purchase of the plot

purported sale of house

second defendants

second occasion

spite of the prolix defence

trust property

witnesses

OSEI-HWERE J.A.: On 27 March 1985 we allowed this appeal and set aside the judgment of the trial High Court and in place thereof we gave judgment to the first defendant on his counterclaim. We reserved our reasons which we proceed to give now.

The plaintiff’s claim indorsed on his writ was for:

“an order of the court setting aside the purported sale of house No 23, Block VII Old Tafo West, formerly house No 28, Block 2, Old Tafo West, Kumasi, by the second defendant to the first defendant of which purported sale was without the knowledge and consent of the plaintiff, the owner of the said house and therefore unlawful.”

His plaint (as pleaded) was that in 1960 the second defendant, his cousin, informed him that one Opanin Adade wanted to sell the disputed house which, at the time, was unroofed and contained six rooms. He provided the money to the second defendant for the purchase of the plot including the uncompleted house and he further supplied various sums of money to the second defen…

SAKYI V. BASARE

SAKYI
V.
BASARE