OSUMANU vs. OSUMANU AND ANOTHER [1996]DLCA596

Date	1996-12-12
Suit No.
Citation No.	[1996]DLCA596

LAMPTEY JA

ESSILFIE-BONDZIE JA

BENIN JA

DARKWA-DWAMENA FOR THE SECOND DEFENDANT-APPELLANT.

DICK ANYADI FOR THE PLAINTIFF-RESPONDENT.

[1996]DLCA596
																																						<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" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">OSUMANU<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">OSUMANU AND ANOTHER<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1995-96] 1 GLR 672<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 12
DECEMBER 1996<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DARKWA-DWAMENA FOR THE SECOND DEFENDANT-APPELLANT.<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">

DICK ANYADI FOR THE
PLAINTIFF-RESPONDENT. <o:p></o:p>

LAMPTEY, ESSILFIE-BONDZIE AND
BENIN JJA<o:p></o:p>

</div>JUDGMENT OF BENIN JA.<o:p></o:p>Benin JA delivered the first judgment at the invitation of Lamptey
JA. Madam Agyina Osumanu, the plaintiff-respondent (herein-after called the
plaintiff) sued her husband, Atta Osumanu, the first defendant, and Jacob
Asuama Yeboah, the second defendant-appellant (hereinafter called the second
defendant), at the High Court, Kumasi by a writ of summons dated 28 February
1986. On the writ was indorsed the following reliefs:<o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l4 level1 lfo4;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a).&nbsp; “A declaration that house No K
23, South Suntreso, Kumasi was jointly owned by the plaintiff and the first
defendant herein. <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l4 level1 lfo4;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b).&nbsp; An order setting aside the
purported sale of house No K 23, South Suntreso, Kumasi by the first defendant
to the second defendant as being without the knowledge and consent of the
plaintiff. <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-top:0in;margin-right:0in;margin-bottom:
5.0pt;margin-left:.75in;mso-add-space:auto;text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l4 level1 lfo4;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">(c).&nbsp;
An order for perpetual injunction to restrain the defendants,
their servants, agents and workmen from interfering with the plaintiff’s
possession of the said house.”<o:p></o:p>The plaintiff’s case as pleaded was as follows: She, a trader, and
her husband, a driver, purchased this house in dispute on hire purchase basis
from the State Housing Corporation. The bigger portion of the funding was
provided by the plaintiff but the couple agreed that the lease should be in the
name of the first defendant for their benefit and that of the children of their
marriage. That decision was taken, they being married couple and Moslems. They
moved into possession and enjoyed same jointly with their children. Sometime in
1973, the first defendant secretly sold the said house to one Opanin Kwesi
Boakye for ¢3,000 without the knowledge and consent of the plaintiff and the
children. At her instance, the sale was nullified and she paid back the
purchase money to Opanin Kwesi Boakye and thus redeemed the house.<o:p></o:p>Then in 1977 one policeman called Sergeant Yeboah, who is a
relative of the second defendant came and claimed that he had purchased this
house from the first defendant and demanded their ejection from the house.
Subsequent investigations, however, disclosed that the documents in respect of
the alleged sale were made in the name of one Kwasi Berchie who is a relative
of sergeant Yeboah and the second defendant. At this stage the first defendant
escaped to an unknown place. Subsequently, she found that the second defendant
had his name on the documents of title and no longer Kwasi Berchie. The
relatives of the second defendant have through diverse means harassed the
plaintiff and her children in a bid to remove them from the house. Hence the
action claiming the reliefs as set out already.<o:p></o:p>In his statement of defence, the second defendant denied that the
plaintiff was a trader. He also denied that the plaintiff was the wife of the
first defendant. He also denied that the house was sold to Opanin Kwesi Boakye
by the first defendant in 1973. The case of the second defendant was that
sometime in 1978 the first defendant as the beneficial owner of this house
agreed to sell it to him for the sum of ¢13,000 which sum he paid to the first
defendant. The assignment was executed on 7 February 1982. After the sale in
1978, the second defendant averred that he caused some extensions to be made to
the house by adding three rooms, to the knowledge of the plaintiff. Further
extensions were made in 1981. In 1979 the plaintiff reported Sergeant Yeboah to
the “one man-one house committee” that he owned two houses including this one
in dispute. This committee concluded that this house belonged to the first
defendant so he h</main>