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THE HARTLEY TRUST GHANA EDUCATIONAL FOUNDATION vs MRS. GEORGINA MENSAH DARRAH

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE K. A. GYIMAH

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Trust Law

AI Generated Summary

This case involves a dispute over the ownership of an educational center in Ghana between a UK-registered charitable trust (the plaintiff) and an individual (the defendant) who had been involved in the school's administration. The court found that the plaintiff had the legal capacity to sue and was the rightful owner of the school, despite the defendant having registered it in her name. The court applied principles of resulting trust, recognizing that the plaintiff had provided the funds and resources for the school's establishment. The court dismissed claims of fund misappropriation against the defendant due to lack of evidence. The judgment highlights the importance of proper documentation and clear agreements in charitable projects, especially when involving international parties.

JUDGEMENT