ZODZEDOR AKUTEYE AND 2 OTHERS
V.
MAD. ADJOA NYARKOAH AND 2 OTHERS

(2015) JELR 63551 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/ 147/ 2015 ·  19 Nov 2015 ·  Ghana
CORAM
MARFUL-SAU JA (PRESIDING), AGNES DORDZIE JA, L.L. MENSAH JA
Core Terms Beta
evidence
respondents
court
trial court
documents
tsengor akuteye
late tsengor akuteye
sale of the property
sale transaction
appellate court
fundamental issue
grounds
no. d
trial judge
court of appeal rules
credible evidence
findings of fact
set aside
absence of the name of the person
central region
illiterate protection ordinance
main reasons of the documents of sale
marful-sau
notice of appeal
owner of the property
principle of law
said grounds
supreme court
appellant abandoned grounds
appellate courts
careful reading of the record
content of exhibit
court review
deed exhibits
evidence of fraud
finding of fraud
further find
judgment of the trial court
major findings
property of tema development company
record of appeal
rule states
subject-matter of this appeal
such circumstances
time of the alleged sale
weight of evidence

MARFUL-SAU, JA: - The subject-matter of this appeal is H/No. D/11 situate at Tsinai-agbor, Ashaiman, which according to the plaintiffs/respondents belonged to their father the late Tsengor Akuteye, but sold to the 1st defendant/ appellant fraudulently by the 2nd and 3rd defendants in the suit. According to the plaintiffs/respondents, their father at the time of the alleged sale was very advanced in age and mentally unsound to engage in any sale transaction. The trial court after taking evidence from the parties entered judgment for the plaintiffs/ respondents and dismissed the counterclaim of the 1st defendant/appellant.

In his judgment the trial court found that even though the house the subject of the dispute was sold by Tsengor Akuteye, the father of Plaintiff / respondents, he did not appreciate and understand the transaction simply because the documents evidencing the sale had no properly executed jurats indicating that the contents were explained to Tsengor Akuteye in the languag…

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