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SAMUEL ADOM BOTCHWAY V. SAMUEL ADDO OSEI

(2003) JELR 63506 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 261/87  •  6 Feb 2003  •  Ghana

Coram
LARTEY J.A. (PRESIDING), OWUSU ANSAH (MS.) J.A., ANIM J.A.

Appearances
WILLIE AMARFIO FOR RESPONDENT; DAVID NII AMPONSAH FOR APPELLANT

Judgement

LARTEY, J.A.:

This appeal is from the judgment of the High Court, Accra dated the 28th day of January, 1991, and it was brought by the defendant/appellant (hereinafter simply referred to as the defendant). On the 29th January, 1987 the Plaintiff/Respondent (hereinafter also referred to as the Plaintiff) commenced an action against the defendant, claiming among other reliefs, for an order nullifying a conveyance purporting to have been executed by the plaintiff in favour of the defendant.

The plaintiff avers that he owns a parcel of land at Dzorwulu, Accra for which he had been in undisputed possession since 1960. In 1985 he was approached by a prospective purchaser for the sale of a portion of the land for which he received ¢20,000. According to the plaintiff he gave the prospective buyer a copy of his site plan to enable the purchaser to satisfy himself from a search at the Lands Department, after which the sale transaction would be concluded or perfected. The search, however, revealed…

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