DZADE vs. ABOAGYE

JUDGMENT OF EDUSEI J.A. This is an appeal from the judgment of his Honour the Circuit Judge, Mr. Dove, as he then was, when he granted to the plaintiff-respondent (hereinafter referred to as the plaintiff) a declaration of title to a parcel of land at Kotobabi, together with certain ancillary reliefs. This was on 17 September 1979. The chief complaint of the defendant-appellant (hereinafter referred to as the defendant) as can be gleaned from his grounds of appeal, may be summarised under two heads, namely: (a) that the judgment was against the weight of the evidence, and (b) that the trial judge faulted in his failure to apply the provisions of section 2 of the Land Development (Protection of Purchasers) Act, 1960 (Act 2), in favour of the defendant. The facts in this case are not seriously in dispute. The plaintiff based his case on a conveyance he took from Alfred Kateinor Ocansey who in turn had the land conveyed to him from Kwabla Noi Sekan in March 1972. This conveyance wa...