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

(2015) JELR 63551 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/ 147/ 2015  •  19 Nov 2015  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), AGNES DORDZIE JA, L.L. MENSAH JA

Judgement

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 1st defendant/appellant fraudulently by the 2nd and 3rd 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 1st 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…

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