ALHAJI IBRAHIM ABUBAKAR ALHERI & ANOR v. ISSAKA ABDULAI & ANOR
2019
COURT OF APPEAL
GHANA
CORAM
- OWUSU J.A. (PRESIDING)
- DZAMEFE J.A.
- WELBOURNE J.A.
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Equity and Trusts
- Contract Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the rightful ownership of two flats in the disputed property in Dichemso Extension, Kumasi. The 1st defendant sold the flats to the plaintiffs between 2008 and 2012, but later sold the entire property to the 2nd defendant in 2013. The Circuit Court ruled in favor of the plaintiffs, invalidating the 2nd defendant's claim. On appeal, the Court of Appeal upheld the Circuit Court's judgment, finding that the plaintiffs were first in time, the transfer to the 2nd defendant was void, and the 2nd defendant was not a diligent purchaser. The appeal was dismissed, affirming the plaintiffs' interest in the property.
JUDGEMENT
MARIAMA OWUSU, J.A.
On 28th March, 2017, the Circuit Court, Kumasi gave judgment for the plaintiff on his reliefs (a), (b) and (c) and dismissed 2nd defendants counterclaim on relief (a).
In her judgment, the trial court held among other things as follows:
“I hereby declare the plaintiffs have legal and equitable interest in two flats (all rooms and utilities on both the ground and 1stfloors) in residential Plot No. 4 Block J, Dichemso Extension, Kumasi are exclusively and absolutely per Exhibit ‘A’ to ‘D’.
The reliefs ‘b’ is granted only to the extent that the transaction of the said two flats to 2nd defendant were void. The relief ‘c’ is granted only in respect of two flats plaintiffs are adjudged entitled.
The 2nd defendant’s relief ‘a’ fails. However, he may be granted portion in the disputed house because there was unchallenged evidence that there is an uncompleted 3rd floor as well as an outhouse (boys’ quarters) sitting on the plot in dispute. So if 2nd defendant is on record to have paid some valuable consideration for the entire house but it turned out two flats in the house did not belong to his grantor, but the 3rd floor (uncompleted) and the outhouse/boys quarters are available and he is desirous of taking possession, I think it would be in the interest of justice to declare him entitled to the legal and equitable rights in that portion which his grantor had not alienated to anyone as at the time 1st and 2nd defendants contract was made relief ‘a’ and ‘c’ are implied in the above only to the extent of the portion 2nd defendant has been declared owner. Safe this, the 2nd defendant counterclaim fails.”
Dissatisfied with the decision of the Circuit Court, the 2nd defendant appealed to this court on the following grounds:
a. The judgment is against the weight of evidence.
b. The trial Judge erred when she held that the 1stdefendant had validly transferred his interest in both the ground and the 1stfloor in plot No. 4 Block J, Dichemso Extension, Kumasi (the disputed property) to the plaintiffs.
c. The trial Judge erred when she held that the plaintiffs/respondents were first in time to have acquired interest in both the ground and first floors in the house in dispute.
d. The trial Judge erred when she held that the 2nd defendant/appellant was not a bonafide purchaser for value without notice of the house in dispute.
e. The trial Judge erred when she held that the 2nd defendant/appellant was entitled to the 3rd floor and the ou