JUSTICE GILBERT MENSAH QUAYE V. KOIWAH INVESTMENT CO.LTD, GERSHON ADJIN, DR. ADU GYAMFI AND INTERNATIONAL CENTRAL GOSPEL CHURCH

JUDGMENT

MARFUL-SAU, JSC

This appeal is taken against the judgment of the Court of Appeal, which affirmed the decision of the High Court. In these proceedings we intend to give the parties the designation they had before the trial court. The 1st defendant who lost the contest both at the High Court and the Court of Appeal now appeals to this court on the following grounds:-

1. The Court of Appeal erred when it held that estoppel was inapplicable to the Deed of Gift because it was the Deed of Purchase which was affected by the Judgment of Ollenu J, in Suit No. 151/1960 dated 27^th July, 1962 entitled Borkete Osonoware and 23 Others v. Nii Odai Ayiku IV and Quaye Tawiah, when the said judgment nullified the Deed of Purchase made to the Plaintiff/Respondent/Respondent’s father in 1958 or 1959 on the basis that the attesting witnesses whose consent and concurrence the Plaintiff/Respondent/Respondent relied on to prove the Deed of Gift were not the accredited elders whose consent and concurren…