[1991]DLCA2330 • June 27, 1991 • Court of Appeal
ZABRAMA vs. SEGBEDZI
The appellant (plaintiff) claimed redemption of his house at Bawdua, alleging he had pledged it to the respondent for ¢60 during the Aliens Compliance Order period. Later, he sought financial assistance of ¢160 from the respondent. A document was executed, which the appellant claimed was never read or explained to him before he thumbprinted it. After nine years abroad, the appellant returned to redeem the property, but the respondent claimed the house was sold to him for ¢200, producing a document evidencing the sale. The trial court found the transaction was a sale, not a pledge, and dismissed the appellant's claim.
read moreOn 24 July 1990, this court dismissed the plaintiff’s appeal and reserved its reasons. I now proceed to give reasons why my vote was cast for its dismissal. This is an appeal against the judgment of his Honour Judge Aryeetey sitting at the Circuit Court, Akim Oda dismissing the claim of the plaintiff. The plaintiff’s claim as indorsed on the writ of summons is for “the redemption of his house No. A/76, situate lying and being at Bawdua.” The plaintiff’s case is that during the “Aliens Compliance Order”, a period when aliens without proper documentation and residence permit were asked to leave the country, he pledged the said house to the defendant for ¢60. Later, he went to the defendant and sought financial assistance. The amount involved in this second transaction was ¢160. Before his departure to Niger the defendant asked him for a receipt to cover both transactions. The defendant took him to a letter-writer at Akwatia. This fellow prepared a document which he thumb...