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
This Ghana Court of Appeal decision, authored by A. M. Dordzie JA, arises from a long-running dispute over the land on which Eton Complex Schools stands. The schools were founded in 1967 by Geoffrey Aduama and partners, with Geoffrey contributing the site. After Geoffrey’s death, his widow, Alice Ofosua Mills, secured a Circuit Court judgment in 2010 declaring her owner of the land. The plaintiff, representing Geoffrey’s estate and Eton Complex Schools Ltd., previously did not pursue his appeal against that judgment, and later filed a fresh High Court action seeking declarations grounded on a 1988 High Court case between Geoffrey and Alice. On appeal from the High Court’s 2012 dismissal, the Court of Appeal held that the 1988 case did not decide land title and that remarks about a receipt were obiter. It further held the Circuit Court judgment was regularly obtained under the rules and remains valid, that the High Court lacked jurisdiction to set it aside, and that the fresh action was an abuse of process. The appeal was dismissed with punitive costs.
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