JUSTINA MENSAH v. SIMMS KOFI MENSAH
2018
COURT OF APPEAL
GHANA
CORAM
- K.A. ACQUAYE J.A (PRESIDING)
- B.F. ACKAH-YENSU J.A
- I. O. TANKO AMADU J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Equity and Trusts Law
- Family Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute between former spouses over the beneficial ownership of a property listed in the Plaintiff's name but constructed and financed by the Defendant. The High Court ruled in favor of the Defendant, recognizing his beneficial ownership under the doctrine of a resulting trust, despite the legal title being in the Plaintiff's name, who was deemed a bare trustee. The Plaintiff's appeal challenged the ruling on several grounds including the misapplication of the doctrine of advancement and resulting trust. The Appellate Court upheld the High Court's decision, emphasizing the Defendant's continuous occupation and financial contribution to the property. Consequently, the Plaintiff's claim was dismissed.
JUDGMENT
TANKO AMADU J.A
(1) This appeal lies from the judgment of the High Court (Land Division) Accra dated the 14th day of June, 2017 in the said judgment the Learned Trial Judge held and ordered in inter alia as follows:-
“Thus the Plaintiff’s claim will fail. The court finds that the property in dispute located at New Achimota, was constructed by funds made available by the Defendant and even though the legal documents are in the name of the Plaintiff, she holds the legal title as a bare trustee for the Defendant. Thus having provided the purchase money and constructed the building through his own resources, the Plaintiff merely held the legal title of the estate House No.15, 13th Street, New Achimota formerly numbered as No.205 but now No.5 while the Defendant is the beneficial owner of the said property”.
(2) The Learned Trial Judge further ordered the Lands Commission to set aside the Land Certificate obtained by the Plaintiff/ Appellant in respect of the estate House on Plot No.15, 13th Street, New Achimota formerly numbered as No.205 but now known as No.5. It further ordered that the Plaintiff/ Appellant her agents, servants, assigns, workmen, grantees, privies or whosoever be perpetually restrained from entering onto any portion of or interfering in any way whatsoever with the property in dispute. The Learned Trial Judge also ordered all documents pertaining to the property in dispute to be conveyed to the Defendant by the Plaintiff and directed the State Housing Company to amend its records to reflect the name of the Defendant. The Trial Judge awarded costs of Gh₡5000 in favour of the Defendant.
(3) It is from this judgment and the respective orders made by the Trial Court that the Plaintiff/Appellant (hereinafter referred to as ‘the Appellant’) has appealed to this court by notice filed on the 11th day of August 2017 in which the following grounds of appeal have been set out as follows:-
(i) That the judgment is against the weight of the evidence.
(ii) That a substantial miscarriage of justice was occasioned when the Trial Court gave judgment in favour of the Defendant who from the evidence did not even know how the Plaintiff acquired from the State Housing Corporation the land on which the house in dispute was built.
(iii) That the Honourable Judge having found that all the documents covering the acquisition of the house in dispute are in the name of the Plaintiff erred in giving judgment in favour of the Defendant.
Iv) That the Hono