QUAGRAINE v. ADAMS

The point for decision in this appeal is whether the respondent, who built a house gratuitously on the appellant's land, is entitled to recover the money spent on the construction. It is only necessary to state briefly the facts found by the trial Circuit Court, Cape Coast, to enable an appreciation of the issue posed. Both the appellant (hereafter called the defendant) and the respondent (hereafter called the plaintiff) are Fantis and belong to the same family at Saltpond. The plaintiff who was orphaned at a very tender age, was adopted (informally) by a relation, Aba Nyamoaba, the mother of the defendant. Consequently, the plaintiff and the defendant grew up together under the same parental nurture and care, and regard each other as a brother and sister. Some time in 1969, the plaintiff, who had made good as a pharmacist at Dormaa-Ahenkro visited home, and expressed to the defendant and other members of the household, including Aba Nyamoaba, his desire to build a dwelling-house at Saltpond for himself. At the meeting, during the household discussion, the defendant offered to the plaintiff, a building plot she had previously acquired for herself and promised that she would later convey the plot to him. But she advised the plaintiff to start with the building in the meantime.

Build indeed he did, and by 1970, the building was at roofing level. There is no doubt that when the defendant offered the plot to the plaintiff it was understood by all that the plaintiff was to [p.603] build for himself, although the family expected to have some use and enjoyment of it in the normal course of things. So when in 1970 the defendant pressed upon the plaintiff to have the name on the building plan changed into some other name, impliedly hers or some other female member of the family, the plaintiff refused, for fear that if he acceded to the suggestion his own children might be turned out of the house after his death.

His refusal eventually brought matters to a head. The defendant stopped the mason and workmen engaged on the building from continuing further. The mason was obliged to pack off to Dormaa Ahenkro to report to the plaintiff. At a meeting afterwards at Saltpond, the defendant confirmed to the plaintiff that she had stopped work on the house as she had decided to build for herself, with the husband, on the self-same plot, and added that the plaintiff could submit an account of his expenses so far to her for payment.

Protracted petitions and solicitations,