[2003]DLCA6952 • February 6, 2003 • Court of Appeal
SAMUEL ADOM BOTCHWAY vs. SAMUEL ADDO OSEI
The plaintiff, Samuel Adom Botchway, claimed ownership of a parcel of land at Dzorwulu, Accra, in undisputed possession since 1960. In 1985, after receiving ¢20,000 from a prospective purchaser, a search at the Lands Department revealed a conveyance document purporting to convey part of the plaintiff's land to the defendant, Samuel Addo Osei, which the plaintiff denied authorizing. The defendant claimed to have bought the land from Kwesi Tetteh and relied on a registered conveyance document. The plaintiff denied any dealings with the defendant and alleged forgery of his signature on the conveyance document.
read moreLARTEY, J.A.: This appeal is from the judgment of the High Court, Accra dated the 28th day of January, 1991, and it was brought by the defendant/appellant (hereinafter simply referred to as the defendant). On the 29th January, 1987 the Plaintiff/Respondent (hereinafter also referred to as the Plaintiff) commenced an action against the defendant, claiming among other reliefs, for an order nullifying a conveyance purporting to have been executed by the plaintiff in favour of the defendant. The plaintiff avers that he owns a parcel of land at Dzorwulu, Accra for which he had been in undisputed possession since 1960. In 1985 he was approached by a prospective purchaser for the sale of a portion of the land for which he received ¢20,000. According to the plaintiff he gave the prospective buyer a copy of his site plan to enable the purchaser to satisfy himself from a search at the Lands Department, after which the sale transaction would be concluded or perfected. The search, however, rev....