[2013]DLCA8084 • July 18, 2013 • Court of Appeal
FRANCIS FOBI vs. KOFI BOATENG
DZAMEFE, JA This is an appeal from the judgment of the High Court Accra dated 16th December 2010. The defendant/appellant hereinafter referred to as the appellant dissatisfied with the judgment in favour of the plaintiff/respondent, referred to as the respondent filed this appeal. FACTS The facts as seen from the judgment are that the 1st appellant and respondent are first cousins. In 1984 the 1st appellant introduced the respondent to one Madam Ramatu Futa who was selling her house No. C50/12 renumbered as No.C473/11, Accra New Town. The respondent showed interest and purchased the said house. He gave the receipts, indenture and all other documents on the house to the 1st appellant to process for him at the Lands Commission. He ejected tenants living in the house, renovated same and moved in with his wife and children in 1990. He rented part of the house out and paid all his property rates. The 1st appellant failed or refused to return those documents to the respondent and rat...