WOOD, JA
The Plaintiff/Respondent sued the three Defendant/Appellants for general and special damages, as well as for the return of building materials collected by them or their value assessed at ¢100,000.
The brief facts upon which he based his claim are that in 1970, the 3rd appellant acting as his agent, bought and held in trust for him an uncompleted building valued at ¢820, expressed also as £425, and later conveyed the legal title to him.
However in 1984, the 1st Appellant, in his capacity as head of his family, sued the 2nd and 3rd Respondents in respect of the same property, inter alia for a declaration of title, and damages for trespass on the basis that the property sold him was family property, it having devolved on the family on the death intestate of the original owner, his brother. The Respondent applied and was joined to the suit as co-defendant. Those other parties however settled the matter out of court and the case withdrawn by the 1st Appellant, the Plaintiff in that s…