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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

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

AI Generated Summary

This High Court judgment resolves a protracted dispute over The Lord is My Shepherd Educational Centre at Nyanyano‑Kakraba between the Hartley Trust Ghana Educational Foundation, a UK‑registered charity chaired by David John Mustill, and Georgina Mensah. The Trust traced its legal capacity to a Declaration of Trust and Charity Commission registration. Mustill raised funds through British Airways networks and donors, acquired sixteen plots, and oversaw construction, with the lease executed in the joint names of the Trust, Mensah, and Mustill. Mensah registered the school as a sole proprietorship, operated allied businesses, and reported periodically to Mustill. Applying equitable principles and the Ghana Evidence Act, the court found a resulting trust: Mensah’s legal title was held for the Trust, which owns the centre. The court granted injunctive and surrender‑of‑documents orders, declined accounting and fraud reliefs, dismissed Mensah’s counterclaim, held recovery of possession moot, and made no order as to costs.

JUDGEMENT