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ALHAJI MAHMOUD BRAIMAH V. HAJIA CEDI AMARKE

(2006) JELR 68368 (SC)

Supreme Court  •  CIVIL APPEAL NO.J.12/2006  •  15 Nov 2006  •  Ghana

Coram
ATUGUBA J.S.C.(PRESIDING), MRS. WOOD J.S.C., BROBBEY J.S.C., ANSAH J.S.C., ANINAKWAH J.S.C.

Judgement

ATUGUBA, J.S.C.: This is a case of much intrigue and unconcern for rectitude.

It is undisputed that the property in dispute was the self-acquired property of the late Alhaji Mahmoud Mustapha Ali. Upon his death the house E.47/12 situate at Nima, Accra descended unto his children both natural and adopted. The said house has purportedly been sold to the respondent by the deceased's eldest son Braimah Mahmoud (D.W.1) and his two uterine sisters, Rakia Mahmoud and Salimatu Mahmoud, without the knowledge and consent of their two brothers (by adoption), Abubakar Laye and Laye Broke.

The plaintiff/respondent, who appears to be a straight forward person, unlike his father testified that his two aunts, Rakia Mahmoud and Safiratu Mahmoud, thumb printed the sale document prepared by his father Braimah Mahmound to enable them benefit there from since they had missed out on another earlier sale by their brother.

It is these same characters who among others have authorised the plaintiff/respondent to …

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