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HENRY ERIC TETTEH ADJAOTTOR VS KOFI ANNAN

2024

COURT OF APPEAL

GHANA

CORAM

  • JENNIFER DODOO, J.A (PRESIDING)
  • STEPHEN OPPONG, J.A
  • PROF. OLIVIA ANKU-TSEDE (MRS.), J.A

Areas of Law

  • Property and Real Estate Law
  • Equity and Trusts
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Ghana Court of Appeal, per Oppong JA with Dodoo JA agreeing and Anku-Tsede JA concurring, reviewed an appeal by Henry Eric Tetteh Adjaottor against the High Courts judgment over House No. AF/13, Community 7, Tema. The house began as a GPHA institutional tenancy under TDC; after Kwesi Annans death, TDC recognized his widow, Theresa Annan, as legal tenant on behalf of their under-18 children, thereby creating a trust. Adjaottor bought from Theresa Annan and relied on TDCs Transfer Declaration, claiming bona fide purchase. The Court held Theresa Annan was a bare trustee whose transfer conveyed only legal title subject to beneficiaries equitable interests; the Defendant beneficiary in possession could not be ejected. The trial courts unpleaded fraud finding was set aside. The appeal partially succeeded but largely failed, with the concurring opinion emphasizing inadmissibility of unstamped instruments and the purchasers lack of diligence.

JUDGMENT