DR. EMMANUEL HARRYN TAWIAH V. KWAME APPIAH KUBI & 5 ORS

JUDGMENT

TORKORNOO (MRS), J.A.

The Plaintiff/Appellant contends in his amended Statement of Claim that ‘sometime between 1994’, he negotiated with and purchased two plots of land from one F.D Nsiah Asare (FD), now deceased, when the latter was living in Cote D’Ivoire. In his evidence in chief found on page 23 of the Record of Appeal (ROA), Appellant put the date of the transaction in ‘the early nineties’. On page 53 of the ROA, he changed his averment about 1994 and testified that the transaction was ‘...in the early part of 1992 and during the pulmugation (sic) of the 1992 constitution’.

According to the Appellant, he attended Mfantsipim School with his lawyer friend K A Nsiah Asare (PW1) who is the son of the said late FD. It is PW1 who told him about the availability of the land for purchase and who took him to his father in Cote D’Ivoire.

Appellant alleges in his pleadings that he agreed to buy the two plots of ‘industrial’ but ‘waterlogged’ land for 20 million cedis (now 2000 Ghana C…