ZODZEDOR AKUTEYE AND 2 OTHERS V. MAD. ADJOA NYARKOAH AND 2 OTHERS

MARFUL-SAU, JA

The subject-matter of this appeal is H/No. D/11 situate at Tsinai-agbor, Ashaiman, which according to the plaintiffs/respondents belonged to their father the late Tsengor Akuteye, but sold to the 1^st defendant/appellant fraudulently by the 2^nd and 3^rd defendants in the suit. According to the plaintiffs/respondents, their father at the time of the alleged sale was very advanced in age and mentally unsound to engage in any sale transaction. The trial court after taking evidence from the parties entered judgment for the plaintiffs/respondents and dismissed the counterclaim of the 1^st defendant/appellant.

In his judgment the trial court found that even though the house the subject of the dispute was sold by Tsengor Akuteye, the father of Plaintiff/respondents, he did not appreciate and understand the transaction simply because the documents evidencing the sale had no properly executed jurats indicating that the contents were explained to Tsengor Akuteye in the language he un…