CRENTSIL vs. KWEINUA

JUDGMENT OF OSEI-HWERE J. The plaintiff sued the defendant at the District Court Grade I, Cape Coast, and claimed from her house No. A. 156 situated at Kurankyekrom, Saltpond. This house was originally acquired by the plaintiff’s father which the plaintiff says his father subsequently disposed by way of gift to his mother and the children by her. According to the plaintiff this gift was covered by the document, exhibit A, which was purported to have been executed on 15 March 1917. The defendant’s contention was that the plaintiff’s father had sold this house to her mother (the original defendant in this suit) in 1938 and that she and her mother had been in occupation of the house ever since the date of purchase. The defendant also tendered exhibit 1 the document on the sale. In his judgment the magistrate rejected both documents as having no evidential value upon the sole ground that neither had been registered. He found, besides, that the plaintiff had failed to prove any cus...