[1993]DLCA4386November 18, 1993Court of Appeal

NSIAH vs. ATTUAHENE

BROBBEY JA. The property in dispute in this appeal consists of a piece of land with a house on it numbered as plot 8 Block IV, Odumasi Extension, Kumasi. The case of the appellant in the trial court was that the land was originally acquired by the respondent. The respondent incurred some debt to his employers. One Mr Antwi paid the debt on behalf of the respondent. The respondent could not refund to Antwi the amount paid on his behalf. The respondent, in repayment, offered the land to the late Antwi to build on it. Antwi entrusted the construction of the house to the appellant. Eventually construction of the house was completed. Antwi rented rooms in the house to tenants. He moved to stay in the house some years later. Not long after moving into the house, Antwi died. Throughout the lifetime of the late Antwi, the documents showing the ownership of the land which were in the name of the respondent, remained in the possession of the respondent. After Antwi died, the respondent rejected...