[1984]DLCA947 • December 19, 1984 • Court of Appeal
NKRUMAH vs. SERWAH AND OTHERS
The plaintiff-appellant, a well-educated teacher, was lessee and in possession of a house at Yenyawso, Kumasi. In 1977, facing financial difficulties, he approached the second defendant for a loan of ¢10,000 repayable in two years with ¢12,000 interest. Documents were prepared suggesting the second defendant bought the house, with an agreement that repayment would restore ownership to the plaintiff. The plaintiff remained in occupation and collected rents. Subsequently, the second defendant sued to eject the plaintiff and tenants. Meanwhile, the plaintiff's mother (codefendant) sold the house to the first defendant. The plaintiff challenged these transactions, asserting his title and alleging the initial transaction was a loan secured by the house, not a sale.
read moreJUDGMENT OF OSEI-HWERE J.A. Osei-Hwere J.A. delivered the judgment of the court. On his own testimony the plaintiff-appellant (hereinafter referred to as the plaintiff) is well educated and taught in both secondary and elementary schools. It is a paradox that the very blessing of his good education, as will be seen hereafter, was to fare ill with him in the action he launched at the High Court, Kumasi. That action sought the following reliefs against the defendants-respondents (hereinafter referred to as the defendants) jointly and severally: “i A declaration of title to and possession of house No. 18, Block III, Yenyawso, Kumasi. ii Damages for trespass. iii Perpetual injunction restraining the defendants, their agents, workmen or servants from interfering with the plaintiff’s ownership and possession of house No. 18, Block III, Yenyawso, Kumasi. iv A declaration that a purported assignment dated 20 December 1977 to Opanin Kofi Nyamekye and the subsequent assignment to...