2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision, authored by Georgina Mensah-Datsa J.A., arises from a dispute between a Ghanaian resident in Italy (Appellant) and a Cape Coast resident (Respondent) who were in a long-term relationship and share a son. The Appellant arranged the purchase of a VW Jetta for GH¢40,000, initially paying GH¢22,000, while the Respondent contributed funds from selling her KIA Spectra and a loan, registering the car in her name and using it for their child’s welfare. The Appellant also remitted GH¢4,000 intended for land, which the Respondent used for vehicle repairs and the child’s schooling. On appeal, the court reaffirmed that appeals on weight-of-evidence permit rehearing but place the burden on the Appellant. It held the presumption of advancement inapplicable to unmarried partners, recognized a resulting trust with joint ownership, endorsed a fair 50% apportionment, rejected the GH¢4,000 refund claim, and dismissed the appeal, affirming the Circuit Court orders including valuation, sale, equal division, and first buy-out option to the Respondent.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the Circuit Court, Cape Coast dated 29th May, 2020 in favour of the Defendant /Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
a. The judgment is against the weight of evidence.
b. The Circuit Court erred in its finding that Plaintiff could not prove that GH¢4,000.00 had been advanced to the Defendant.
c. Further grounds of appeal will be filed upon receipt of the record of Appeal.
The Plaintiff/Appellant instituted this action on the 16th May, 2019 against the Defendant / Respondent for the following reliefs:
a. An order for the recovery of a VW Jetta Saloon Car with registration number GR 3588-17.
b. An order directed at the Defendant to transfer ownership of the vehicle in relief (a) to the Plaintiff.
c. An order for the recovery of GHS4,000.00 being monies advanced to the Defendant to purchase a plot of land for the Plaintiff.
The Appellant said he is a Ghanaian resident in Italy whilst the Respondent resides in Cape Coast.
The Appellant’s case is that in 2012 he met the Respondent in Cape Coast and started a relationship with her which lasted over six (6) years. They cohabited when the Appellant was in Ghana and they have a son. In 2017, he reached an agreement with his friend resident in the United States of America for the purchase of a car VW Jetta for his use in Ghana at GH¢40,000.00. According to the Appellant, he gave his friend GH¢27,000.00 in installments and he delivered the vehicle to the Respondent at her home in Cape Coast as directed by Appellant. He said the Respondent told him that she will use her funds of GH¢13,000.00 to top up the purchase of the vehicle which she did though he reluctantly agreed to same. He claimed that due to the affection he had for the Respondent and their son, he agreed to the Respondent’s proposal that the car be registered in her name to enable her get vehicle/fuel allowances and other benefits from her employers. He contended that despite the benefits the Respondent was earning from her employers upon registering the vehicle in her name, he continued remitting monies to cater for all costs associated with the use of the vehicle by the Respondent such as insurance, roadworthy, maintenance, repairs among others. He asserted that the Respondent is aware that he always intended the vehicle to be his personal property and