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ZABRAMA
V.
SEGBEDZI

(1991) JELR 63617 (CA)

Court of Appeal 27 Jun 1991 Ghana
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- Appeal dismissed; the court upheld the trial court’s finding that the transaction was a sale, not a pledge, of the plaintiff’s house, based on the credibility of the defendant’s evidence. - The court reaffirmed that where an illiterate si

Case Details

Judges:AMPIAH JA, KPEGAH JA, ADJABENG JJ.A.
Counsel:APATU-PLANGE FOR THE APPELLANT; S. A. X. TSEGAH FOR THE RESPONDENT.
Other Citations:[1991] 2 GLR 221


KPEGAH J.A.: On 24 July 1990, this court dismissed the plaintiff’s appeal and reserved its reasons. I now proceed to give reasons why my vote was cast for its dismissal. This is an appeal against the judgment of his Honour Judge Aryeetey sitting at the Circuit Court, Akim Oda dismissing the claim of the plaintiff. The plaintiff’s claim as indorsed on the writ of summons is for “the redemption of his house No. A/76, situate lying and being at Bawdua.”

The plaintiff’s case is that during the “Aliens Compliance Order”, a period when aliens without proper documentation and residence permit were asked to leave the country, he pledged the said house to the defendant for ¢60. Later, he went to the defendant and sought financial assistance. The amount involved in this second transaction was ¢160. Before his departure to Niger the defendant asked him for a receipt to cover both transactions. The defendant took him to a letter-writer at Akwatia. This fellow prepared a document which he thumbprin…

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