JULIANA RICHARDS v. JIMMY NKRUMAH

AKAMBA, J.S.C:

The issue in controversy between the parties in this appeal falls within the narrow compass of what the true intention of the deceased husband and father respectively of the appellant and respondent was when he acquired Property Plot No 14, Old Bekwai Road Kumasi the subject of the present dispute.

BRIEF FACTS

The deceased, Francis Nkrumah, in 1987, purchased H/No 14, Old Bekwai Road, Kumasi as trustee for and on behalf of his infant children Gimmy Nkrumah aged twelve (12), Kofi Nkrumah aged five (5) and Nana Serwaa aged two (2). The transaction was evidenced by an indenture tendered at the trial. (See page 125 to 128 of ROA). The deceased eventually constructed a twenty-two room Hotel on a portion of the property. Thirteen years after the transaction, precisely in the year 2000, the deceased married Juliana Richards, the Defendant/Appellant/Appellant (herein after simply the Appellant). Francis Nkrumah died on 2nd January 2005 and in the listing of his estate for letters of administration, the Appellant sought to include the aforementioned house as part of the estate. The Appellant contended that her late husband by his conduct and dealings with the property rebutted any presumption of advancement. Furthermore the premises served not only as the matrimonial home, it housed a night club and restaurant business to which significant developments were made in order to operate a hotel thereon. Appellant also claimed to have lived on the property since 1995 and contributed to the development of the hotel. The Respondent as Plaintiff issued a writ at the High Court Kumasi which court after trial entered judgment in his favour.

RELIEFS SOUGHT AT THE HIGH COURT

The respondent in his writ at the High Court Kumasi sought against the appellant the following:

“1. Declaration that ownership to H/No 14 Old Bekwai Road Kumasi is vested in the plaintiff and Kofi Nkrumah by virtue of Advancement made to them by their late father Francis Nkrumah per a lease dated 11th June 1987.

2. Recovery of possession.

3. Damages for trespass.

4. An order for perpetual injunction restraining the defendant, her agents, servants and any person claiming title through her from interfering with the disputed Property.”

The appellant filed a statement of defence and counterclaim seeking:

“1. A declaration that the property known as H/No 14 Old Bekwai Road Kumasi belongs to Francis Nkrumah (deceased) and forms part of his intestate estate.

2. An order for injunctio