APPIAH NTI v. FRANCIS Y. NKRABEA
1999
COURT OF APPEAL
GHANA
CORAM
- SAPONG J.A. (PRESIDING)
- ESSILFIE-BONDZIE, J. A.
- AFREH J. A
Areas of Law
- Equity and Trusts
- Property and Real Estate Law
- Civil Procedure
1999
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal case concerns a landlordtenant dispute over H/No. A383/20, Dansoman Estate, Accra, between a maternal uncle (a Ghana Broadcasting Corporation employee who acquired the unit from the State Housing Corporation) and his nephew who had resided in Germany. In 1981 the uncle requested 5,000 to build a water reservoir; he instead used the funds to pay off the house balance and then rented the house to the nephew at an agreed rent. The Circuit Court dismissed the uncles ejectment and mesne profits claims but granted the nephews counter-claim, declaring joint ownership based on constructive trust and tracing. On appeal, Justice ESSILFIEBONDZIE, joined by Justices AFREH and SAPONG, affirmed the dismissal of ejectment but set aside the counter-claim. The court held the 5,000 was a loan, equity does not convert debtorcreditor to trust, tracing requires identifiable property, and the nephews remedy lies in a simple action for debt.
JUDGMENT
ESSILFIE-BONDZIE, J.A.:
This is an appeal from the decision of the Circuit Court Accra dated 10th April 1997. The judgment dismissed the plaintiff claim for an order for ejectment from and recovery of possession of H/No. A383/20 Dansoman Estates Accra the plaintiff’s claim for Mense Profits was also dismissed. The defendant however obtained judgment against the plaintiff on his counter-claim.
The plaintiff is the maternal uncle of the defendant. The defendant who is resident in Germany wrote to the plaintiff some time in 1981 and his elder sister that they should find him accommodation at home. The plaintiff then an employee of Ghana Broad-casting Corporation had acquired from the State Housing Corporation a housing unit at Dansoman and was paying by installment on monthly basis.
Upon the receipt of the letter the plaintiff decided to give the said Dansoman house to his nephew (the defendant) because he had built a new house at North Kaneshie. In his letter offering the Dansoman house to him the plaintiff asked the latter to send him ¢5,000.00 for the construction of a reservoir in the house since water was very scarce in Dansoman. The defendant directed the plaintiff to a sister who gave ¢5,000.00 to the plaintiff on his behalf. On the receipt of the ¢5,000.00 from the defendant the plaintiff did not use the money for the construction of a reservoir again but used the money to pay off the outstanding price of the house. As agreed the plaintiff moved to his new house at North Kaneshie in early January, 1982. The defendant came down and lived in the said Dansoman house at an agreed rent. After some time the plaintiff requested for vacant possession. In paragraphs 3 of his statement of claim, the plaintiff pleaded as follows
"(3) The plaintiff on or about January, 1993 gave the defendant notice to quit and deliver the said premises to the plaintiff for the personal occupation of the plaintiff by 31st August, 1993."
As on the 6th January, 1994 when the plaintiff issued his writ of summons against him the defendant had not vacated the premises hence the reliefs claimed in the action.
In this appeal the plaintiff/appellant (who will hereinafter be referred to as the appellant) has challenged the judgment of the trial court as contained in the NOTICE OF APPEAL on the following grounds.
(a) The Trial Judge erred in law by holding that the defendant/respondent is a joint owner of plaintiff/appellant's house No. A 383/20 at Dansoman and thereby giv