SAMUEL ADOM BOTCHWAY
V.
SAMUEL ADDO OSEI

(2003) JELR 63506 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 261/87 ·  6 Feb 2003 ·  Ghana
CORAM
LARTEY J.A. (PRESIDING), OWUSU ANSAH (MS.) J.A., ANIM J.A.
Core Terms Beta
defendant
plaintiff
kwesi tetteh
case
disputed land
trial judge
appeal
plaintiff's signature
police report
additional grounds of appeal
much turns
specific performance
8th september
complaint of forgery
favour of the defendant
grounds of appeal
leave of the court
trial court
alleged failure
background of the relevant rule
close look
court of appeal rules
cross-examination
disputed document
examination of the notice
first ground of appeal
following questions
genuineness of the signature
issue of the signature
judgment of the high court
lands department
lands title registry of a document of conveyance
parcel of land
pieces of evidence of forgery
portion of the plaintiff
said kwesi tetteh
sale of a portion of the land
specific points of law
subject matter of the police report
subsequent police report
sudden turn
support of any ground of objection
support of the grounds of appeal
withdrawal of the money claim
written submission of the plaintiff
wrong person

LARTEY, J.A.:

This appeal is from the judgment of the High Court, Accra dated the 28th day of January, 1991, and it was brought by the defendant/appellant (hereinafter simply referred to as the defendant). On the 29th January, 1987 the Plaintiff/Respondent (hereinafter also referred to as the Plaintiff) commenced an action against the defendant, claiming among other reliefs, for an order nullifying a conveyance purporting to have been executed by the plaintiff in favour of the defendant.

The plaintiff avers that he owns a parcel of land at Dzorwulu, Accra for which he had been in undisputed possession since 1960. In 1985 he was approached by a prospective purchaser for the sale of a portion of the land for which he received ¢20,000. According to the plaintiff he gave the prospective buyer a copy of his site plan to enable the purchaser to satisfy himself from a search at the Lands Department, after which the sale transaction would be concluded or perfected. The search, however, revealed…

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