MATHEW ALEXANDER KWAKYE V. MICHAEL KWAME OFORI AND BUGRI NAABU GROUP OF COMPANIES

JUDGMENT

KANYOKE, JA

This appeal has emanated from the judgment of the High Court, Accra (Coram: Mr. Justice S.T. Farkye, Justice of Appeal (as he then was) sitting as an additional High Court Judge, wherein the Court dismissed the plaintiff/appellant's (hereinafter the plaintiff) action and entered judgment for the 2nd defendant/respondent (hereinafter called the 2nd defendant) upon its counterclaim; ineffect declaring title in House No. 171, Airport West Residential Area, Accra in the 2nd defendant. The said house (herein the disputed property) originally belonged to the 1st defendant. However in or about March 1985 the 1st defendant by a Deed of Assignment sold and or transferred all his interests in the disputed property to the 2nd defendant for a sum of ¢5,700,000.00. Subsequently in or about July or August 1985 the 1st defendant purported to sell the same disputed property to the plaintiff. This resulted in a ranging controversy between the plaintiff and the 2nd defendant over own…