[1961]DLSC1968 • July 10, 1961 • Supreme Court •
AKYER vs. GHANA INDUSTRIAL DEVELOPMENT CORPORATION AND OTHER
The appellant, suing as head of family through an attorney, sought reliefs concerning premises described as Plot No. N.T.E.R. 134, Kumasi, contending in part that the property was built by members of the plaintiff’s family, including the second defendant, and was therefore family property. The first respondent had acquired rights from the second respondent before earlier title litigation brought by the family against the second respondent. The appellant relied heavily on prior judgments obtained against the second respondent, and also argued that the allegation that the house was built by family members stood admitted because the defence used a general traverse rather than paragraph-by-paragraph denials. Portion indicating this: “the plaintiff averred in paragraph 1 of his statement of claim that, ‘the leasehold property on plot No. N.T.E.R. 134, Kumasi, was built by members of the plaintiff’s family including the second defendant’...” and “the first defendants had acquired rights from the second defendant, before the commencement of the action against the second defendant...”
read moreJUDGMENT OF ADUMUA-BOSSMAN J.S.C. [His lordship stated the facts as set out in the headnote and continued:] Now before passing on to the trial and considering, the evidence which was adduced by the parties and the trial judge’s findings and ultimate decision, it seems to me to be necessary to ascertain and be precise about, the material allegations on which the plaintiff based or founded the reliefs claimed, which allegations, of course, are those which he had to establish by his evidence. As to this, undoubtedly one material allegation which the plaintiff pleaded as entitling him to the reliefs he claims was the judgments delivered in an action which his family instituted against the second defendant for a declaration of title to the premises in dispute. It is clear, however, that proof of the judgments does not entitle the plaintiff to the reliefs sought against the first defendants, because the first defendants had acquired rights from the second defendant, before the commencem.....