MATHEW ALEXANDER KWAKYE vs. MICHAEL KWAME OFORI AND BUGRI NAABU GROUP OF COMPANIES

The dispute concerns ownership of House No. 171, Airport West Residential Area, Accra. The 1st defendant originally owned the property and sold it to the 2nd defendant in March 1985 via a Deed of Assignment for ¢5,700,000. Subsequently, in July or August 1985, the 1st defendant purported to sell the same property to the plaintiff for ¢5,250,000 payable by instalments. The plaintiff was unaware of the prior sale to the 2nd defendant until he was about to pay the last instalment. The plaintiff alleges a refund arrangement with the 2nd defendant for ¢2,810,000 and claims the 2nd defendant encouraged or acquiesced to his substantial development of the property. The 2nd defendant denies these claims and asserts continued ownership, supported by a registered Deed of Assignment and mortgage over the property.

KANYOKE, JA This appeal has emanated from the judgment of the High Court, Accra (Coram: Mr. Justice S.T. Farkye, Justice of Appeal (as he then was) sitting as an additional High Court Judge, wherein the Court dismissed the plaintiff/appellant's (hereinafter the plaintiff) action and entered judgment for the 2nd defendant/respondent (hereinafter called the 2nd defendant) upon its counterclaim; ineffect declaring title in House No. 171, Airport West Residential Area, Accra in the 2nd defendant. The said house (herein the disputed property) originally belonged to the 1st defendant. However in or about March 1985 the 1st defendant by a Deed of Assignment sold and or transferred all his interests in the disputed property to the 2nd defendant for a sum of ¢5,700,000.00. Subsequently in or about July or August 1985 the 1st defendant purported to sell the same disputed property to the plaintiff. This resulted in a ranging controversy between the plaintiff and the 2nd defendant over ownershi....