SAKYI vs. BASARE

JUDGMENT OF OSEI-HWERE J.A. Osei-Hwere J.A. delivered the judgment of the court. On 27 March 1985 we allowed this appeal and set aside the judgment of the trial High Court and in place thereof we gave judgment to the first defendant on his counterclaim. We reserved our reasons which we proceed to give now. The plaintiff’s claim indorsed on his writ was for: “an order of the court setting aside the purported sale of house No 23, Block VII Old Tafo West, formerly house No 28, Block 2, Old Tafo West, Kumasi, by the second defendant to the first defendant of which purported sale was without the knowledge and consent of the plaintiff, the owner of the said house and therefore unlawful.” His plaint (as pleaded) was that in 1960 the second defendant, his cousin, informed him that one Opanin Adade wanted to sell the disputed house which, at the time, was unroofed and contained six rooms. He provided the money to the second defendant for the purchase of the plot incl...