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QUARTEY AND OTHERS v. QUARTEY AND OTHERS

1990

COURT OF APPEAL

GHANA

CORAM

  • OSEI-HWERE J.S.C
  • AMPIAH
  • ESSIEM JJ.A

Areas of Law

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

AI Generated Summary

The children of the late Emmanuel Quao Kpakpa Quartey sued seeking title, ejectment, and an injunction over House No. C 29/1, Adama Avenue, Adabraka, on Plot No. 23, Accra. The defendants, siblings of Emmanuel, resisted and counterclaimed to set aside conveyance No. 4505/A/38. The High Court found that the plot was granted to J.H. Quartey in 1918, that he built on it, and that Emmanuel dealt with the Lands Department as administrator of J.H.’s estate, holding the property in trust with only a life interest; there was no forfeiture of J.H.’s grant. The High Court dismissed the plaintiffs’ claims, amended the counterclaim, and set aside Emmanuel’s name on the conveyance. On appeal, after a requested amendment and later variation, the appellate court upheld the factual findings, applied appellate deference, affirmed breach of trust and tracing remedies under Act 63, and dismissed the appeal, ordering exhibit A corrected to reflect administration on behalf of J.H. Quartey’s children.

JUDGMENT