FENUKU AND ANOTHER V. JOHN-TEYE AND ANOTHER

JUDGMENT

AMPIAH JSC. 

This is an appeal from the decision of the Court of Appeal. In their writ of summons before the High Court, the/ plaintiffs claimed against the defendants: 

"(i) a declaration of title to all that piece of parcel of land situate lying and being at Kplagon Ofankor along the Accra-Nsawam Road covering approximately an area of 14.28 acres and more particularly described in the statement of claim; and 

(ii) an order for cancellation, revocation and nullification of the deed of conveyance made between Rudolf Agbesi Fenuku of the one part and Lawrence John Teye of the other part dated 10 April 1974 and registered at the Deeds Registry as No 1888/ 1974."

The High Court gave judgment for the plaintiffs but the Court of Appeal, on appeal by the defendants, set aside the decision and dismissed the plaintiffs' claim. The plaintiffs have appealed against the decision of the Court of Appeal to this court. 

The facts of the case are that in 1954 one Rudolf Agbesi Fenuku (now decease…