BASARE V. SAKYI AND ANOTHER

TAYLOR J.S.C.

This is an appeal from the judgment of the Court of Appeal in which a judgment given by the High Court in favour of Kofi Basare of Konongo, the appellant herein, who was the plaintiff in the High Court, was unanimously set aside and his action was dismissed; a counterclaim set up by the first defendant, Kobina Sakyi, who is the respondent before us was allowed. The appellant (hereinafter referred to as Kofi Basare of Konongo) now appeals to this court against the said dismissal of his action. The second defendant, Kofi Basare of Old Tafo alias Malam Kassim Basare, a brother of Kofi Basare of Konongo, did not enter appearance in this action instituted jointly against him and Kobina Sakyi by his said brother.

To establish his case, Kofi Basare of Konongo gave evidence on his own behalf and called only one witness, his own sister, to apparently support his claim. Speaking for myself it appears to me on a consideration of the circumstances and the totality of the evidence led …