COLE vs. COLE [1966]DLHC1671

Date	1966-02-15
Suit No.
Citation No.	[1966]DLHC1671

KORANTENG-ADDOW J.

K. ATTA-ERSKINE FOR THE PLAINTIFF.

F. AWOONOR-WILLIAMS FOR THE DEFENDANT

[1966]DLHC1671
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													<main id="main" class="content" style="min-height: 60rem" >COLE <o:p></o:p>vs. <o:p></o:p>COLE <o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p>[1966] GLR 177<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
15 FEBRUARY 1966.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

K. ATTA-ERSKINE FOR THE PLAINTIFF.<o:p></o:p>

F. AWOONOR-WILLIAMS FOR THE DEFENDANT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF KORANTENG-ADDOW J.<o:p></o:p>The
plaintiff in this action is the uncle of the defendant and hails from Sierra
Leone. According to his evidence the plaintiff came to Ghana (then the Gold
Coast) many years ago, worked in the Railways Department of the then civil
service and is now a pensioner. He brought the defendant to Ghana when he was
about fourteen years of age and found employment for him in the same department
in which he was himself employed. The defendant did well for himself, was sent
to the United Kingdom on a government scholarship and on his return was given a
high post in the department. He is now also retired and a pensioner. He retired
in April 1960 drawing an annual salary of £G1,090.<o:p></o:p>When the
plaintiff retired from the civil service he engaged himself in the then
flourishing timber trade and from all accounts he succeeded in that trade. In
answers to questions in cross-examination the defendant said that the plaintiff
had as many as seven houses and that he had never been a poor man.<o:p></o:p><o:p>&nbsp;</o:p>The
dispute in this case centres around only one of the houses owned by the
plaintiff—house No. 27A/5 situate at Ahanta Road, Takoradi. The brief history
of the house is that the plaintiff bought the leasehold interests of one Simon
Kweku Adadevoh in the plot together with an uncompleted building thereon for
the sum of £G900 in 1958 as evidenced by a deed of assignment, exhibit 7,
herein. After purchasing the interests of the original lessee, the plaintiff
subsequently completed the unfinished building. The time at which the house was
completed is not specifically stated in evidence but it must be some time after
1958, the date of the assignment.<o:p></o:p>The
plaintiff’s case is that he was stricken with a stroke in 1960 and was so
incapacitated that he could no more carry on his timber trade. Far from abating
the illness became worse. Fearing that his end was near he summoned the
defendant some time in the early months of 1961 and charged him with certain
responsibilities. He asked him in the event of his death to give him a decent
burial and look after his wife and children. During that period the defendant
was, according to the plaintiff, at the plaintiff’s request managing all his
affairs for him. To enable the defendant to execute the responsibilities
entrusted to him the plaintiff said, “I told him that because of the
seriousness of my illness he should prepare papers in respect of my house
(house No. 27A/5, Ahanta Road, Takoradi) by which I would make over the said
house to him to hold . . . “The papers were eventually prepared and culminated
in the execution of exhibit 5 herein. After the execution of exhibit 5,
however, according to the plaintiff in his evidence the defendant:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“did not
step where I was nor did he ever go anywhere near my business. He left all my
tractors and other machinery and timber to rot in the bush . . . Soon after the
execution of the documents the defendant started to collect the rents.”<o:p></o:p><o:p>&nbsp;</o:p>The fear
of death however paled away and the plaintiff sufficiently recovered from his
illness. But according to him when he called upon the defendant to render
accounts he refused to do so. He also refused a request by the plaintiff to
reconvey the said property to him. After importunate demands which went
unheeded for a period of between six to nine months the plaintiff brought this
action claiming:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:64.6pt;text-align:justify;mso-pagination:none;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“The plaintiff as owner of house No.
27A/5, Ahanta Road, Takoradi, claims against the defendant the following:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:5.0pt;margin-left:103.2pt;mso-add-space:auto;text-align:justify;
text-indent:-.5in;mso-pagination:none;mso-list:l0 level1 lfo1;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Declaration
of title of the said house, <o:p></o:p>