KARIYAVOULAS & ANOTHER V. OSEI

TWUMASI J.

On 2 May 1979 the plaintiffs herein issued a writ of summons couched in the following terms:

“(1) ¢48,000 (forty-eight thousand cedis) being the total consideration for the assignment of 4 (four) parcels of land situated and lying at Essipun, Sekondi and covered by deeds of assignment registered Nos. DR 1187/70; DR 1188/70; DR 1189/70 and DR 1190/70 conveyed by the late Andreas Kariyavoulas to the defendant in 1970 at ¢12,000 (twelve thousand cedis) each;

(2) Interest on the sum of ¢48,000 (forty-eight thousand cedis) at the rate of twelve per cent per annum from 1971 to the date of judgment; and

(3) A declaration in the alternative setting aside the said assignments for failure of consideration.”

In their statement of claim, the plaintiffs averred in paragraph 4 thereof that the total consideration of ¢48,000 was not, in fact, paid though the deeds of assignment expressed it to have been paid. They also averred in paragraph 5 that Andreas Kariyavoulas died in Greece shortly …