[1987]DLSC710 • April 19, 1987 • Supreme Court •
ASIA vs. AYEDUVOR AND ANOTHER
The case concerns a dispute over ownership of house No. AC/8, Ahamansu, Volta Region. The house was built by the second plaintiff witness on land acquired from the chief of Ahamansu. In 1974, the second plaintiff witness sold the house to the defendant for ¢1,080, evidenced by a document in which the son of the second plaintiff witness was named as a witness without his actual involvement. The defendant occupied the house for nearly a decade before the first plaintiff claimed ownership, alleging the sale was fraudulent and that he was the rightful owner, having contributed funds for the house's construction while in the army. The defendant resisted the claim, leading to the lawsuit for recovery of possession and injunction.
read moreJUDGMENT OF OSEI-HWERE J.A. Osei-Hwere J.A. (giving the first judgment at the invitation of Abban J.A.). Of the actors who teamed up to launch this action and sustain it the first plaintiff and the, second plaintiff are father and son respectively, whilst the second plaintiff witness is the father of the first plaintiff. The first plaintiff witness is not altogether out of the family circle as his father’s uncle is the second plaintiff witness. The central actors were of course the second plaintiff witness and his son, the first plaintiff. The object of the lawsuit was to recover house No. AC/8, Ahamansu, Volta Region. This house was, indisputably, put up by the second plaintiff witness on land acquired for himself from the chief of Ahamansu. Sometime in March 1974 the second plaintiff witness sold the house to the defendant, a Kotokoli woman resident at Ahamansu, for ¢1,080. The sale was covered by a document, exhibit 1, in which the second plaintiff witness declared him...