ADDO vs. NARTEY [1972]DLCA2185

Date	1972-07-03
Suit No.
Citation No.	[1972]DLCA2185

APALOO JSC

BENTSI-ENCHILL J.S.C

SOWAH J.A.

E. D. KOM FOR THE APPELLANTS.

QUANSAH FOR THE RESPONDENT.

[1972]DLCA2185
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ADDO <o:p></o:p>vs. <o:p></o:p>NARTEY<o:p></o:p>&nbsp;[COURT OF APPEAL]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 2 GLR 318<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
3 JULY 1972.<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">

E. D. KOM FOR THE APPELLANTS.<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">

APALOO AND BENTSI-ENCHILL JJ.S.C. AND
SOWAH J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.S.C.<o:p></o:p>This case
has some unusual features and in order to appreciate the judgment from which
this appeal has been brought, it is necessary to relate the facts on which it
is grounded.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff who is a minister of religion, was at some time prior to January
1958, the owner of a house described as No. 98/5 Fanofa, Accra. The exact
nature of the title which he had to the land on which the building stands is
far from clear. The evidence shows that an unspecified title to a large plot of
land on which the house in dispute is situate, is vested in an entity known as
the Akwapim Union. It would seem that the latter promised to grant the
plaintiff a lease of this land and permitted him to enter into possession and
erect a building thereon. The evidence is imprecise as to when the building was
erected, but it is clear that it must have been some time before January 1958,
because at that date, the house was in the occupation of a Mr. Constodontis to
whom the plaintiff had let it at a monthly rental of £G35.<o:p></o:p><o:p>&nbsp;</o:p>The
second defendant is a limited liability company and its name suggests that it
is a benevolent society of a sort. Some time in 1957, the first defendant, who
was described as the chairman of the second defendant company, offered on
behalf of the company to purchase the premises. This offer was accepted by the
plaintiff after the purchase price was agreed at £G2,000. It seems that the
parties did not seek professional assistance in their negotiations. Had they
done so, there would have been the usual investigation as to title and this
would have revealed the precise nature of the interest which the plaintiff had
in the land on which he erected the building. The negotiations crystalized into
a binding contract on 21 January 1958. On that day, the defendants paid to the
plaintiff the sum of £G1,000 being part payment of the purchase price. The
plaintiff issued a written receipt (exhibit 1) in favour of the defendants in
the following terms:<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">“I, Rev.
J. E. Addo of Accra have this 21st day of January, 1958, received from the
directors of Nyemimei Enterprises the sum of one thousand pounds (£G1,000)
being part payment of my two plots of land with buildings thereon, including
the furnishings, electrical and water installations, situate and lying at
Fanofa off Ring Road East, Accra. The property referred to above comprise of
two plots of land measuring 150 ft. on the SOUTH, 140 ft. on the NORTH, 100 ft.
each on the EAST and the WEST respectively, with house No. C98/5 thereon.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff did not state by what title he held these two plots of land but it is
reasonable to think that he was offering to sell the absolute title to those
plots to the defendants. On receipt of the part payment of the purchase price,
he put the defendants in possession of the premises. It seems clear that the
defendants did not require physical possession of the premises and they seemed
to have intended the purchase as a sort of investment. The plaintiff
accordingly authorised them to collect the rents accruing therefrom and
appended his signature to a document captioned a “Declaration.” As the rights
and obligations of the parties flowed from this document, it is necessary to
reproduce its terms in full. It reads:<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">“DECLARATION
I, Rev. J. E. Addo of Accra do hereby declare that by the part payment of one
thousand pounds (£G1,000) on account of my house No. C98/5 and adjoining land
situate and lying at Fanofa off Ring Road East, Accra, empower the Directors of
Nyemimei Akpee Enterprises to collect and receive th</main>