ERASMUS MARLAI COMMODORE & ANOR v. ESMERALDA AYELE KUNTIN-NUAMAH
2015
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, JA (PRESIDING)
- A. M. DORDZIE, JA
- L. L. MENSAH, JA
Areas of Law
- Equity and Trusts
- Property and Real Estate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs, who had allowed the defendant to live temporarily in their property in Accra, sought to reclaim it after the defendant stayed for 18 years claiming co-ownership. The trial court did not find her a legal titleholder but granted her equitable relief as a gratuitous licensee. On appeal, however, the court found no binding promise inducing detrimental reliance by the defendant, and thus, overturned the trial court's decision, ordering the defendant to vacate the property and awarding costs to the plaintiffs.
A. M. DORDZIE JA:-
FACTS:-
The facts culminating in this appeal are that the plaintiffs, a couple lived in Dusseldorf, Germany, the greater part of their life.
They jointly acquired a property described as Number 7 Mahogany Street, North Abeka-Lapaz. Sometime in the year 1993 they permitted the defendant, who is the 1stplaintiff’s daughter and a step daughter to the 2nd plaintiff to live in the house temporarily.
She ended up living in the house for about 18 years.
The plaintiffs who at the time of the trial were well advanced in age, (the 1st plaintiff was 86yearsold and the second plaintiff 75 years) decided to come back home finally and therefore needed the house.
Their efforts to get the defendant out of the house proved futile.
The defendant claimed she owns the house jointly with the 1st plaintiff.
The plaintiffs had no choice but to institute an action against her in the Circuit Court Accra to get back possession of the house occupied by the defendant.
The reliefs plaintiffs prayed for at the Circuit Court are:
1. Ejectment of the defendant from House Number 7 Mahogany Street Abeka-Lapaz, Accra
2. Perpetual injunction restraining the defendant her agents, servants and children and assigns from interfering with the ownership and occupation of the House Number 7 Mahogany Street North Abeka-Lapaz, Accra.
The plaintiff set out the facts supporting his claims in an amended statement of claim found at page 67 of the record of appeal as follows:
i. The plaintiffs are at all material time joint owners of House number 7 Mahogany Street Abeka-Lapaz.
ii. In 1993 the defendant who was then 41 years was going through divorce proceedings and had become destitute; she prayed the plaintiffs to accommodate her until after the divorce while she arranged to settle herself.
iii. The plaintiffs allowed the defendant at sufferance temporarily and on condition that she will move out after the divorce.
iv. All aspect of the divorce was completed about one year after the defendant was allowed to occupy a portion of the disputed house.
v. The plaintiffs since 1995 have made several demands on the defendant to find her own accommodation and hand over vacant possession of the disputed premises to the plaintiffs but the defendant has ignored this request.
vi. In breach of the conditions under which the defendant was allowed to live in the house the defendant has occupied the house for 18years and has refused to vacate the house despite several demands.
vii.