AKATI vs. NARTEY [1979]DLHC1026

Date	1979-04-12
Suit No.
Citation No.	[1979]DLHC1026

CECILIA KORANTENG-ADDOW J.

ACHEAMPONG FOR THE DEFENDANT-APPELLANT.

NO APPEARANCE BY OR FOR THE PLAINTIFF-RESPONDENT.

[1979]DLHC1026
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													<main id="main" class="content" style="min-height: 60rem" >AKATI <o:p></o:p>vs. <o:p></o:p>NARTEY<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1980] GLR 218<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:
12 APRIL 1979<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">

ACHEAMPONG FOR THE DEFENDANT-APPELLANT.<o:p></o:p>

NO APPEARANCE BY OR FOR THE PLAINTIFF-RESPONDENT.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA KORANTENG-ADDOW J.<o:p></o:p>This is
an appeal from the decision of the District Court Grade I, Tema. In the
judgment the learned magistrate upheld the plaintiff-respondent’s (hereinafter
referred to as the respondent) claim for payment of arrears of rent and
recovery of possession. On his own motion the trial magistrate also awarded the
respondent mesne profits even though this was not claimed by him. The
circumstances which led to the institution of the action as can be gleaned from
the evidence on the side of the respondent are these:<o:p></o:p><o:p>&nbsp;</o:p>All the
parties and their witnesses live at Ashiamang. The defendant-appellant
(hereinafter referred to as the appellant) told Mary Nartey, the plaintiff’s
first witness, sister of the respondent, that he wanted to sell his house at
plot No. D/34, Ashiamang and the latter promised to find him a buyer. Mary
Nartey told her brother, the respondent, about the house and the respondent
showed immediate interest. Consequently, a meeting was arranged between the
parties, and they met at Mary’s house. Negotiations for sale took place, and it
was agreed that the appellant would sell his house at plot No. D/34, Ashiamang
to the respondent for a price of ¢6,000. Subsequent to these negotiations and
oral agreement, the respondent, on 18 February made a part-payment of ¢4,800 to
the appellant. Then on 20 February 1975 the balance of ¢1,200 was paid. Both
payments were made in the presence of Mary at her house. Thereafter a receipt
marked exhibit A was issued by the appellant. This receipt reads:<o:p></o:p>“I the
undersigned (HENRY KWASI AKATI) proprietor of Liberty Clinic and owner of house
No. D/34, Ashiamang received the sum of ¢6,000 (six thousand cedis) only from
Mr. J. A. Nartey of P.O. Box 3913, Accra, being full payment of the cost of
selling my house No. D/34 to him in good faith. I therefore faithfully issued
him this receipt in the presence of the undersigned witnesses transferring the
ownership of the said house into his name to prove and certify that the
above-numbered house has with effect from the date of this receipt become his
bona fide property forever. Dated this 20 February 1975 at Ashiamang. (Sgd.) H.
K. Akati<o:p></o:p>HENRY
KWASI AKATI. (Owner/Seller) (Sgd.) J. A. Nartey. (Purchaser) (Sgd.) Mary
Nartey. Witness to buyer.”<o:p></o:p>After
these payments, the appellant sent the following statutory declaration to the
Tema Development Corporation (T.D.C.):<o:p></o:p>“STATUTORY
DECLARATION OF OWNERSHIP OF HOUSE No. D/34, ASHIAMANG BY MR. HENRY KWASI AKATI
TO MR. J. A. NARTEY I the undersigned (HENRY KWASI AKATI) the owner of house
No. D/34 built at Ashiamang make statutory declaration and say as follows: <o:p></o:p>1. That I
am the declarant herein. <o:p></o:p>2. That I
am the rightful owner of house No. D/34 built at Ashiamang near Tema. <o:p></o:p>3. That I
wish to advise the Tema Development Corporation that I have transferred the
ownership of the above-mentioned house to Mr. J. A. NARTEY, P.O. Box 3913,
Accra. <o:p></o:p>4. That I
wish the Tema Development Corporation to cancel my name from their records and
replace same with the name of Mr. J. A. Nartey so that any correspondence from
the Tema Development Corporation, Tema District Council, etc., in connection
with the above-mentioned house should with effect from the date of this
declaration be sent to him for his necessary action. 5. That the right to
utilize the said property is now solely reserved to him at all time without
internal or external interference whatsoever. 6. That in support of this
statement, I make this solemn declaration conscientiously believing it to be
true in accordance with the Statutory Decl</main>