EDMUND TORTO v. ALICE OFOSUA MILLS
2016
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR JA (PRESIDING)
- A M. DORDZIE JA
- L. L. MENSAH JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Equity and Trusts
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the ownership of land on which Eton Complex Schools was built, originally contributed by Geoffrey Aduama, a founder. After Aduama's death, his widow, Alice Ofosua Mills, claimed and obtained ownership via a Circuit Court judgment. Earlier, a 1988 High Court judgment had recognized Aduama as the owner, not Mills, but the courts comments were deemed obiter dictum. Mills Circuit Court judgment was upheld as valid, and the plaintiffs appeal, seeking to overturn this, was dismissed as an abuse of process.
JUDGEMENT
A.M. DORDZIE JA:-
FACTS:
One Geoffrey Aduama (deceased) was one of the partners that founded Eton Complex Schools. The said Geoffrey Aduama was married to Alice Ofosua Mills the defendant/Respondent in this appeal (I will hereafter refer to her as the defendant and the Plaintiff/appellant as the plaintiff). The plaintiff is a representative of the estate of Geoffrey Aduama and represents the interest of Eton Complex Schools Ltd. in the suit.
The plaintiff’s position is that the Eton school was established in 1967 by Geoffrey Aduama, Mr. Lovi and Mr. Biney. The three formed a partnership to establish the school. Geoffrey Aduama’s contribution to the partnership was that he donated the land on which the school stands.
It is alleged by the plaintiff that the defendant as a wife to Geoffrey Aduama held his interest in the partnership in trust for him because he had to act as solicitor for the school at the same time. In 1988 a dispute arose between Aduama and the wife due to the wife’s assertion of interest in the school in her own right. The dispute ended up in a suit in the High Court in which judgment was given against the defendant on the 11th of July 1988.
After the death of Geoffrey Aduama the defendant took out an action at the Circuit Court claiming ownership of the land on which the Eton Schools were built.
The plaintiff failed to participate in the trial at the Circuit Court although he entered appearance and filed pleadings. The defendant was declared owner of the said land in a judgment dated 21st January 2010. The plaintiff appealed against the said judgment but did not pursue the appeal and it was struck out.
The plaintiff subsequently instituted the action culminating in this appeal in the High Court claiming the following:
A declaration that by virtue of the judgment of the High Court titled Geoffrey Aduama v Alice Ofosua Mills dated 11th day of July 1988, Eton Complex Schools Ltd. are the bona fide owners of the land on which the schools presently stand.
An order of the court setting aside any judgment obtained by the defendant in respect of the land.
Perpetual injunction restraining defendant by herself, her assigns and agents from asserting adverse title to the Eton Complex School land.
By a judgment dated 18th October2012 the High Court found that the plaintiff was not able to prove his case therefore his claims were dismissed.
Plaintiff brought this appeal praying this court to set aside the judgment of the court bel