SAMUEL ADOM BOTCHWAY v. SAMUEL ADDO OSEI

JUDGMENT

LARTEY, J.A.:

This appeal is from the judgment of the High Court, Accra dated the 28th day of January, 1991, and it was brought by the defendant/appellant (hereinafter simply referred to as the defendant). On the 29th January, 1987 the Plaintiff/Respondent (hereinafter also referred to as the Plaintiff) commenced an action against the defendant, claiming among other reliefs, for an order nullifying a conveyance purporting to have been executed by the plaintiff in favour of the defendant.

The plaintiff avers that he owns a parcel of land at Dzorwulu, Accra for which he had been in undisputed possession since 1960. In 1985 he was approached by a prospective purchaser for the sale of a portion of the land for which he received ¢20,000. According to the plaintiff he gave the prospective buyer a copy of his site plan to enable the purchaser to satisfy himself from a search at the Lands Department, after which the sale transaction would be concluded or perfected. The search, however, revealed the existence, at the Lands Title Registry of a document of conveyance purporting to bear the plaintiff's signature and purported to have conveyed a portion of the plaintiff's land to the defendant. The plaintiff denied knowing the defendant and denied having anything to do with him in connection with the disputed land or the disputed document.

The plaintiff further avers that upon being confronted later, the defendant confessed that a wrong person had sold, or conveyed title in, the plaintiff's land to him.

For his part, the defendant claimed that the plaintiff introduced himself to him in 1985 as owner of the disputed land. According to the defendant, he bought the land from one Kwesi Tetteh, a Togolese, who prepared a conveyance on the land to him, the same having been registered in the Deeds Registry as No. 1609/84. In addition the defendant stated that the said Kwesi Tetteh brought him a document evidencing transfer of the land from the plaintiff to the defendant. He claims he had no doubt about the genuineness of the signature on the document purporting to be that of the plaintiff, as indeed subsequent police report on the document proved him right. He denied giving a confession statement to the plaintiff and maintains that he has valid title to the disputed land. The defendant counterclaimed for a declaration that he is the owner in possession of the land in dispute. He also counterclaimed for the return of the sum of ¢50,000.00 with interest thereon al