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HARRISON v. GRAY, JNR.

1978

HIGH COURT

GHANA

CORAM

  • EDWARD WIREDU J

Areas of Law

  • Equity and Trusts
  • Property and Real Estate Law
  • Tort Law

AI Generated Summary

In the High Court, a widow and Makola trader sought a declaration of title, recovery of possession, and damages concerning a house at New Abossey Okai. She met the defendant during business, accepted his promise of marriage, and purchased land from Mr. Nunoo, arranging plans and construction while instructing that documents be prepared in the defendants name to safeguard his occupation. The house was opened and keys handed to the defendant to avert his ejectment. After relations deteriorated, a meeting on 29 November 1977 was convened by the plaintiffs father with family members and invitees (including Oppong, Major Ayensu, and the defendants father) where the plaintiff asserted ownership and a four-month deadline to vacate was set. The defendant contended he loan-financed construction with a221,500 from his uncle, Nana Poku, corroborated by his wife, Vivian Quaye, and friend, Mr. Cobbina. The judge found the plaintiffs account truthful, bolstered by independent witnesses such as Rev. Swaniker and the Odorkor manche, rejected the defence as inconsistent, and applied equitable trust principles. The court held the plaintiff the beneficial owner, the defendant a bare trustee, granted possession, declared trespass after four months, and awarded a2500 damages and a2750 costs.

JUDGMENT