NAA LAMILEY AMOAH v. GLORIA QUARTEY & OTHERS

ARYEETEY, J.S.C

This appeal is a straight fight between the plaintiff/appellant, Naa Lamiley Amoah, whom we refer to simply as appellant and the original 4th defendant company, Sensations Limited, whom we refer to as respondent. A brief background to this appeal would be appropriate. Betty Lokko and her husband, the late Joseph Lokko were owners of two contiguous plots of land at Osu, Accra which were covered by two separate title deeds. Betty Lokko’s title deed’s registered number at the Land Registry was number 1751/1957 while the registered number of her husband’s plot was 1750/1957. After the death of her husband she was appointed the administrator of his estate. In that capacity she sold her husband’s plot No. 1750/1957 to Naa Lamiley Amoah, the appellant herein. This was accompanied by sale by her of her own plot No. 1751/1957 to the appellant. A receipt, exhibit B which Betty Lokko issued covered the sale of the two contiguous lands. According to the appellant, after she had bought the two plots she made a gift of one of them, that is plot number 1750/1957, Betty Lokko’s late husband’s plot, to her sister the late Mrs. Majorie Welbeck. She then directed her lawyer, the late Cletus Amoah, who happened to be her husband, to prepare conveyances to transfer the interest in plot number 1750/1957 to Mrs. Welbeck and plot number 1751/1957, Betty Lokko’s plot, into her name. Her instructions were carried out by her lawyer. Thereafter it came to the notice of the appellant that one Dr. Ahadzi claimed ownership of plot number 1751/1957. Apparently fearing that her interest in plot number 1750/1957 would be jeopardised Mrs. Welbeck, whom the appellant described as beneficiary, asked for the purchase price of that plot to be refunded to her. With the support of her husband, Mrs. Welbeck persisted in her demand for the refund of the purchase price in respect of plot number 1750/1957 to her. Eventually Betty Lokko refunded an amount of ¢6,000,000 by cheque dated 30th December, 1993 to her. It is on record that it was Mrs. Welbeck who encashed the cheque.

Later Mrs. Betty Lokko through her agent, Alfred Quartey, the original second defendant, now deceased, sold property number 1750/1957 to the respondent company, Sensations Limited. The plaintiff was not pleased about the sale by Betty Lokko of that plot to the respondent company. She therefore, by her amended writ of summons brought a claim against the defendants jointly and severally for the following reliefs: