EDMUND TORTO PROPRIETOR OF ETON COMPLEX SCH. LTD 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
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over the ownership of the land where Eton Complex Schools stands. Geoffrey Aduama, one of the founders, had his interest allegedly held in trust by his wife, Alice Mills. A 1988 High Court judgment ruled against Mills. After Aduama's death, Mills was declared the land owner by a 2010 Circuit Court judgment. The plaintiff, representing Aduama's estate, appealed this decision, seeking to assert the school's ownership based on the 1988 judgment. The High Court dismissed the plaintiff's claims in 2012, and the current appeal also failed with the court citing misuse of legal process and previous valid judgments.
A. M. DORDZIE JA: -
FACTS: One Geoffrey Aduama (deceased) was one of the partners that founded Eton Complex Schools.
The said Geoffrey Aduama wasmarried to Alice Ofosua Mills the defendant/Respondent in thisappeal (I will hereafter refer to her as the defendant and thePlaintiff/appellant as the plaintiff). The plaintiff is a representativeof the estate of Geoffrey Aduama and represents the interest of EtonComplex Schools Ltd. in the suit.
The plaintiff’s position is that the Eton school was established in1967 by Geoffrey Aduama, Mr. Lovi and Mr. Biney.
Geoffrey Aduama’scontribution to the partnership was that he donated the land onwhich the school stands.
It is alleged by the plaintiff that the defendant as a wife to GeoffreyAduama held his interest in the partnership in trust for himbecause he had to act as solicitor for the school at the same time.
In1988 a dispute arose between Aduama and the wife due to the wife’s assertion of interest in the school in her own right.
Thedispute ended up in a suit in the High Court in which judgmentwas given against the defendant on the 11th of July 1988.
After the death of Geoffrey Aduama the defendant took out anaction at the Circuit Court claiming ownership of the land on whichthe Eton Schools were built.
The plaintiff failed to participate in the trial at the Circuit Courtalthough he entered appearance and filed pleadings.
The defendantwas declared owner of the said land in a judgment dated 21stJanuary 2010.
The plaintiff appealed against the said judgment butdid not pursue the appeal and it was struck out.
The plaintiff subsequently instituted the action culminating in thisappeal in the High Court claiming the following:
a) A declaration that by virtue of the judgment of the High Court titled Geoffrey Aduama v Alice Ofosua Mills dated 11th day ofJuly 1988, Eton Complex Schools Ltd. are the bona fideowners of the land on which the schools presently stand.
b) An order of the court setting aside any judgment obtained by the defendant in respect of the land.
c) Perpetual injunction restraining defendant by herself, her assigns and agents from asserting adverse title to the EtonComplex School land.
By a judgment dated 18th October2012 the High Court found thatthe plaintiff was not able to prove his case therefore his claims weredismissed.
Plaintiff brought this appeal praying this court to set aside thejudgment of the court below and the cost awarded against him.
GROUNDS OF APPEAL
The plaintiff canvas