ATTITSOGBE v. ATTITSOGBE

This appeal arose from a fraternal dispute over title to house No. AB/83 in Abeka, Accra. One brother claimed he purchased the property from Madam Emelia Amedahe around 1975 and, after extending it with financial help (including from his sibling), allowed his brother to occupy part of the premises rent-free. The other brother insisted he was the true purchaser: after caretaker Quarshie indicated a price of a28,000, he withdrew that sum and entrusted it to his sibling to pay the vendor, also funding later extensions including a self-contained unit. The trial court credited the latter’s version and found he was the real purchaser, that the plaintiff acted on his behalf, and that he provided money and materials for extensions. On appeal, Essiem J.A. rejected the argument that the trial judge ignored an independent witness, finding the vendor’s agent Ziga was the plaintiff’s friend and not independent, and that the trial judge made adequate, supported findings. Osei-Hwere J.A. and Ampiah J.A. concurred. The Court of Appeal affirmed the judgment and dismissed the appeal.