KWASI BUGYA ACHEMPONG V. FRANK OSEI & KWAKU ADDO

Introduction

The Suit at the trial High Court was a consolidated suit. However it is only the 1st Suit No E1/85/2010 which is the subject matter of this appeal. The defendant in the 2nd Suit No E1/86/2010, Kwaku Addo has not appealed the judgment of the High Court, Koforidua dated 4th March 2020 which is at pages 311-329 of the record of appeal. In this judgment, Frank Osei Asibey, the defendant/appellant will simply be called the ‘defendant’ whilst the plaintiff/respondent will be referred to as ‘plaintiff’.

Plaintiffs' case

The plaintiff sued the defendant on 9th April 2010 in respect of land situate at Peduase/Kitase Akuapem.  His case was that he purchased the freehold interest in the land sometime in 1994 from Op Kwabena Okyere, the head of the Asona family of Kitase with the consent and concurrence of the principal members. According to the plaintiff, prior to making payment, he visited the land and conducted searches at the Lands Commission Registry in Koforidua to verify the owne…