[2012]DLSC17778 • November 13, 2012 • Supreme Court •
ACQUIE vs. TIJANI
The plaintiff, Alhaji Lasisi Tijani, purchased a house in Tamale from Madam Daiko Horgbayo Daitey, who had acquired the property from her father, Martey Korley Daitey. The plaintiff sought declaration of title and ancillary reliefs after tenants refused to vacate the property. The defendant, claiming to be the uterine brother of the plaintiff's vendor and head of family, alleged the house was family property under Ada custom and challenged the validity of the transfer, alleging fraud in procuring the deceased's thumbprint for the assignment deed.
read moreJUDGMENT ANIN YEBOAH JSC On the 14 November 2012, we dismissed the instant appeal as unmeritorious and reserved our reasons. We now proceed to give our reasons for the dismissal of the appeal. The plaintiff-respondent Alhaji Lasisi Tijani (hereafter referred to as the plaintiff), commenced an action against the defendant-appellant Lt Col (Retired) Thomas Acquie (hereafter referred to as the defendant). The action was for declaration of title to the disputed house situate at Tamale; and for the usual ancillary reliefs of recovery of possession, mesne profits, damages and perpetual injunction. The basis for the action was that, on or about 22 December 1988, the plaintiff bought the house in dispute from one Madam Daiko Horgbayo Daitey whereupon she assigned all her interest in the house to the him. It is not disputed that the said house was once the bona fide property of one Martey Korley Daitey, the father of the plaintiff's vendor. In the statement of claim, it was pl...