Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

OSMOND v. HUGHES

June 5, 1967

COURT OF APPEAL

CORAM

  • OLLENNU
  • AZU CRABBE
  • APALOO JJ.A

Areas of Law

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

AI Generated Summary

The Court of Appeal reversed a High Court judgment in a dispute over Plot No. 21, Ashanti Road, Takoradi. The late Osmond Alfred Hughes, a government pharmacist, applied for the lease in 1938 using his son’s name, “Kofi Osmond,” and later wrote to the Lands Department in 1946 that he was paying ground rent on behalf of “my son Kofi Osmond.” After government issued re‑entry proceedings in 1949, Hughes caused the plaintiff to sign for an extension; a new lease (1952) and supplementary deeds (1955, 1956) followed. Upon Hughes’s intestate death, his sister, acting as customary successor, collected rents and claimed the property, arguing “Kofi Osmond” was Hughes’s alias. The appellate court held common law and equity applied, found a presumption of advancement, rejected the alias claim, declared the land and building belonged to the plaintiff, and ordered the defendant to pay and account for rents and costs, with concurrences by Olennu J.A. and Azu Crabbe J.A.

JUDGMENT