KOME V. YEMOH AND GHANA COMMERCIAL BANK

AKIWUMI J.S.C.: In this case the plaintiff claims declaration of title and recovery of possession of the premises contained in a deed of conveyance dated the 25th May, 1954, and also for the cancellation of the said instrument made between the plaintiff and the first defendant whereby the plaintiff conveyed the subject-matter in dispute to the first defendant by way of an outright sale for the sum of £2,500. This instrument was exhibited and marked C in the proceedings.

The facts are that the plaintiff owed several creditors who were worrying him and he approached the first defendant for help. He offered to sell the property to the first defendant for £2,500. The first defendant was to pay off the plaintiff’s creditors and to pay the balance to him (plaintiff). The first defendant accepted the offer and in fact paid the sum of £244 6s. on account of the plaintiff’s creditors and according to him, paid the balance to the plaintiff by instalments and was given receipts for the payments …