KISSI v. MATZEN & TIMM (GHANA) Ltd

On appeal, the court considered whether respondents, who had made an unsolicited payment to discharge a mortgage debt, could lawfully receive a transfer of the mortgage from the Bank, as the appellant contended that both the payment and the conveyance were wrongful. The court surveyed the general law, citing Falcke v Scottish Imperial Insurance Company, and reaffirmed that a stranger’s unsolicited payment or work to benefit another’s property does not create a lien nor an obligation to repay, and that liabilities cannot be forced upon people behind their backs. The court noted a narrow maritime law exception and emphasized that, outside such contexts, a claim for repayment depends on circumstances from which a request can be inferred. The judge declined to decide whether a stranger can become mortgagee by unsolicited payoff, stating the matter did not rest there.