[1999]DLSC6408 • July 14, 1999 • Supreme Court •
GEOFFREY CHRISTOPHER BADU-ANUM vs. MRS. HENRIETTA BADU-ANUM
The Plaintiff (Geoffrey Christopher Badu-Anum) initiated proceedings by originating summons seeking the court's determination on whether a 'Deed of Gift' dated 29th July 1993 conferred any title or interest on the Defendant (Mrs. Henrietta Badu-Anum) or her five children in a specified land in North Teshie, Accra. The Plaintiff claimed the deed lacked operative words of grant and habendum clause, rendering it ineffective. The Defendant contended the originating summons was misconceived and raised issues including non est factum, mistake, lack of customary rites, and estoppel by the Plaintiff. The dispute involved whether the deed was valid and whether customary law applied.
read moreC. HAYFRON-BENJAMIN, J.S.C. In this appeal the Respondent shall be known as the Plaintiff and the Appellant, the Defendant. In the appeal before us the Defendant attacks the judgment of the Court of Appeal as rendered by the majority of their Lordships, invites us to uphold the opinion of the minority and prays for "the reversal of the Appeal Court decision and the construction of the Deed to reflect a rectification in accordance with clause 3 thereof with costs in favour of Defendant/Appellant.” The Plaintiff commenced these proceedings by an Originating Summons wherein he claimed “to be (b) interested as a party thereto in the time construction of a document dated 29th July, 1993 entitled “Deed of Gift” for the determination of the following question: (c) whether or not a certain document entitled “Deed of Gift” dated the 29th July, 1993 and executed by Plaintiff and Defendant confers any title or interest whatsoever on Defendant or on any of her five children by ...