(1985) JELR 65690 (CA)    
Court of Appeal  ·  22 May 1985 ·  Ghana
Core Terms Beta
second defendant
first defendant
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
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

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…

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