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MARGARET OSEI ASSIBEY v. JOYCE GBOMITTAH & ORS

2012

SUPREME COURT

GHANA

CORAM

  • AKUFFO, (MS) JSC (PRESIDING)
  • DATE-BAH, JSC
  • ANSAH, JSC
  • BONNIE, JSC
  • BAMFO,(MRS) JSC

Areas of Law

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

AI Generated Summary

This Ghana Supreme Court case concerns competing claims to House No. 461 at Kwadaso Estate, Kumasi. Margaret Osei Assibey, widow of retired Sergeant Samuel Kwame Kyei, sued to declare title, recover possession, damages for trespass, and an injunction, alleging her late husband provided funds and materials while Commander G. E. Osei fronted the purchase from State Housing Corporation due to military rank constraints. Kyei occupied the house for nearly two decades, with utilities and rates in his name, until a police-assisted eviction in 2000. The High Court dismissed her case and the Court of Appeal affirmed. On further appeal, the Supreme Court’s majority found the lower courts mis-evaluated evidence, especially Exhibit "H," an admission letter by Osei acknowledging he obtained the house for Kyei. Considering long possession, circumstantial evidence, and Osei’s credibility issues, the Court applied resulting trust principles, allowed the appeal, and entered judgment for the appellant. A minority opinion by Akuffo JSC would have affirmed, viewing Exhibit "H" as non-binding and insufficient to upset concurrent findings.