OSEI BONSU _ 2 ORS v. KWADWO MENSAH _ ANOTHER

JUDGMENT

OWUSU J.A.:

The plaintiffs/appellants hereinafter referred to as Appellants, issued a writ against the Defendants/Respondents referred to simply as Respondents jointly and severally for the following reliefs:

(i) "An order that plot No. 17 Block 111, Ampabame, Kumasi was acquired by Kwame Appiah (deceased) and developed by Akwasi Obeng (deceased) and is thus family property.

(ii) "An order that the transaction which took place between Akwasi Obeng (deceased) and defendants herein which led to the possession of the house by Defendants was a customary law pledge and not a sale and for a further order nullifying any purported sale of the said house and land."

(iii) An order for recovery of possession of the said house from Defendants upon tendering the pledge sum of N ¢600.00 (six Hundred Cedis).

The Respondents resisted the Appellant's Claim contending that the plot No.17, Block 111, Ampabame, Kumasi with the building thereon was the property of Kwasi Obeng. That they bought the said building outright from Kwasi Obeng after satisfying themselves that Obeng was the undisputed owner of the plot with the building thereon.

They therefore counter-claimed for "title to House number Block 111, plot 17 Ampabame, Kumasi through sale to them by late Kwasi Obeng. At the end of the trial, the Appellant's Claim was dismissed and even though the court did not decree legal title in the 1st Respondent it declared him equitable owner and entered Judgment in favour of the Respondents on their counter-claim. Dissatisfied with the Judgment, the Appellants have come to this court, complaining that:

"The Judgment is against the weight of the evidence on record."

Four more additional grounds were filed alleging errors of law on the part of the trial Judge.

Going through the grounds of Appeal the main issue which calls for determination is whether the transaction between Kwasi Obeng and the 1st Respondent which led him into possession and subsequent occupation was a pledge as contended by the Appellants or an outright sale as claimed by the Respondents.

On the evidence before the court, the issue of ownership of the house was resolved by the trial court which made a positive finding that the house is the self-acquired property of Kwasi Obeng and not his family property.

In this appeal, that finding is not being seriously challenged. Indeed, in counsel for the Appellant's written statement of case, he submitted that whether the property belonged to Kwasi Obeng o