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NASALI V. ADDY

(1987) JELR 68021 (SC)

Supreme Court  •  7 Apr 1987  •  Ghana

Coram
SOWAH C.J.,ADADE J.S.C.,OSEI-HWERE JA,WUAKU JA,AMUA-SEKYI J.A.

Judgement

SOWAH C.J.: The appellant, Ibrahim Nasali, took a loan of ¢800 from one Salifu Maikankan. The security he offered was a plot of land he had obtained from the Abossey Okai family and on which he had commenced the erection of a building. When he defaulted in the payment of the amount due, Maikankan discovered for the first time that the document he had been given was a worthless piece of paper since title lay, not in the Abossey Okai family, but in the Akumajay stool. When he approached the said stool, they offered to sell the land to him. He bought it and in turn sold it to the respondent, Elizabeth Addy.

In an action brought by the respondent in the High Court against the appellant and others it was at first sought to establish that the land belonged to Nasali’s grantors but, in the face of the several judgments to the contrary, this line of defence was abandoned at the trial and an attempt made to claim title through the Akumajay stool. That evidence was given by Emmanuel Tagoe, the f…

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