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QUARTEY v. ARMAR

1971

HIGH COURT

GHANA

CORAM

  • EDUSEI J

Areas of Law

  • Equity and Trusts
  • Property and Real Estate Law
  • Family Law

AI Generated Summary

After their 1950 Edinburgh marriage and a 1966 divorce, Juliana Charlotte Quartey sued in December 1966 to establish sole beneficial ownership of house No. C.867/3 Adabraka and house No. B.777/14 Abossey Okai, demand the Adabraka conveyance, injunctive relief, and an account. She asserted she purchased both properties, though the Adabraka title stood in her maiden name and the Abossey Okai legal title in her married name. The defendant countered that he funded both acquisitions, placing them in Quarteys name for convenience and family protection, and sought a declaration of trust. Assessing credibility, financial capacity, receipts and possession of title documents, the court found the defendant paid 5,500 for the Adabraka purchase, creating a resulting trust. It rejected illegality/public policy objections. For Abossey Okai, the court found Quartey paid the 95 deposit but the defendant made the substantial instalment payments and intended it as the matrimonial home; applying equitable principles, the court deemed it jointly owned. The plaintiffs claims were dismissed; the defendant obtained a declaration on Adabraka, joint ownership of Abossey Okai, and costs.

JUDGMENT