[2012]DLHC12099 • March 14, 2012 • High Court
JOSEPH KITIWAH ATUTEY vs. ISAAC MASIAKWA & ORS
JUDGMENT The plaintiff, Joesph Kitiwah Atutey claimed he purchased a piece or parcel of land of 2.716 acres from the Osuwem family. The cost of the land is GH¢12,000.00 which he alleged had fully paid for. Receipts were tendered to indicate some payments made to one Ebenezer Kofi Tei. Exhibit “A” stated : “ I, Ebenezer Tei Kofi in the presence of Agnes Nortey both acting on behalf of the Adumua Bossman family of Osuwem of Prampram has this 26th day of March receive an amount of ¢20 million (Twenty Million Cedis only) being part payment of 10 plots of land…” I have looked at the defendants who had been variously changed one time or the other. It is strikingly clear that, the said Ebenezer Tei Kofi was never made a defendant. Be that as it may, those was no denying the fact that the plaintiff did some payments for the purchase of the land belonging to the Osuwem family. In fact exhibit “D’ a letter written to the plaintiff’s lawyer by the lawyer for defendant proposin...