[2015]DLCA4884 • November 19, 2015 • Court of Appeal
ZODZEDOR AKUTEYE AND 2 OTHERS vs. MAD. ADJOA NYARKOAH AND 2 OTHERS
The dispute concerns House No. D/11 at Tsinaiagbor, Ashaiman, allegedly belonging to the late Tsengor Akuteye, father of the respondents. The respondents claimed the 2nd and 3rd defendants fraudulently sold the property to the 1st defendant/appellant while their father was mentally unsound and advanced in age. The trial court found the sale invalid due to non-compliance with the Illiterate Protection Ordinance and fraud, dismissing the appellant's counterclaim. The appellant appealed, challenging the trial court's findings.
read moreMARFUL-SAU, JA: - The subject-matter of this appeal is H/No. D/11 situate at Tsinai-agbor, Ashaiman, which according to the plaintiffs/respondents belonged to their father the late Tsengor Akuteye, but sold to the 1st defendant/ appellant fraudulently by the 2nd and 3rd defendants in the suit. According to the plaintiffs/respondents, their father at the time of the alleged sale was very advanced in age and mentally unsound to engage in any sale transaction. The trial court after taking evidence from the parties entered judgment for the plaintiffs/ respondents and dismissed the counterclaim of the 1st defendant/appellant. In his judgment the trial court found that even though the house the subject of the dispute was sold by Tsengor Akuteye, the father of Plaintiff / respondents, he did not appreciate and understand the transaction simply because the documents evidencing the sale had no properly executed jurats indicating that the contents were explained to Tsengor Akuteye in the lan...