[2018]DLCA5457 • July 24, 2018 • Court of Appeal
NANA KWADWO POKU vs. MICHAEL ADUSEI
WELBOURNE, JA This is an appeal against the judgment of the High Court, Kumasi, dated 1st June, 2016. BRIEF FACTS: The facts in this case are fairly simple and straightforward. The Plaintiff/Respondent who is a Ghanaian by birth and nationality; but, domiciled in Germany, acquired about thirty-three (33) building plots of land from the Defendant/Appellant herein in accordance with ASHANTI CUSTOMARY LAND LAW AND PRACTICE in 2008. The said acquisition, which was free from all encumbrances, was reduced into writing. Customary drinks were provided to legitimize, validate, regularize and perfect the entire transaction. A site plan; allocation note and receipt were all issued by the Defendant to the Plaintiff after the Defendant had received substantial amount of money in the form of consideration. For some inexplicable reasons; the Defendant later sold the same building plots to third parties after collecting huge and fantastic amount of monies from the said third parties. The Defendan...