VINCE KONTOH v. ERNESTINA TORGBOR
February 6, 2026
HIGH COURT, CIRCUIT COURT 7
GHANA
CORAM
- HER LADYSHIP JUSTICE SEDINAM AWO KWADAM (MRS.)
Areas of Law
- Equity and Trusts
- Contract Law
- Property and Real Estate Law
- Civil Procedure
February 6, 2026
HIGH COURT, CIRCUIT COURT 7
GHANA
CORAM
AI Generated Summary
In a summary judgment delivered by Her Ladyship Justice Sedinam Awo Kwadam (Mrs.), sitting as Additional Circuit Court Judge at Circuit Court 7, Accra, the Court resolved a dispute between an elderly couple over a Nortey Loop, East Legon apartment. The Plaintiff, who financed construction while residing abroad, sought to eject the Defendant after terminating their relationship; the Defendant counterclaimed for breach of promise to marry and a beneficial interest. The Court found a serious promise to marry supported by a ring, long cohabitation, financial interdependence, entrusted supervision, and public acknowledgment of the Plaintiff as an in-law. Rejecting the bare licensee theory, the Court held the Defendant a co-adventurer and recognized a constructive trust conferring her a beneficial interest in the apartment. The ejectment claim was dismissed, judgment entered for breach of promise to marry, and GH A2200,000 damages plus interest awarded, with costs and directions regarding a Toyota RAV4 and industrial blender.
This matter came before the Court by way of a writ of summons for an order for ejectment issued by the Plaintiff against the Defendant, and a counterclaim for breach of promise to marry filed by the Defendant against the Plaintiff.
The parties, an elderly couple, commenced a romantic relationship in or about 2013. At all material times, the Plaintiff was ordinarily resident outside the jurisdiction, while the Defendant resided in Ghana. During the subsistence of the relationship, the following material facts were established:
o The Plaintiff provided funds to the Defendant for the purchase of industrial machinery and a vehicle to facilitate her mobility and business activities.
o The Plaintiff contributed financially towards the education of the Defendant's children.
o The Plaintiff remitted funds for the construction of a six-unit, two-bedroom apartment block situate at Nortey Loop, East Legon, Accra.
o The Defendant undertook the supervision of the said construction project and managed the funds remitted by the Plaintiff.
o Upon completion of the project, the Plaintiff requested the Defendant to take up residence in one of the units. The Defendant thereupon vacated her residence at Dansoman in 2017 and relocated to the Nortey Loop East Legon property.
o The Plaintiff presented the Defendant with a ring to ward off male attention, which said ring the Defendant contended was a promise ring signifying an intention to marry.
o The Plaintiff was named and described as an "in-law" in the obituary of the Defendant's late father. He wrote a tribute in the funeral brochure, attended the funeral, donated money, and participated without any demur or objection to his in-law status during that funeral.
o The parties cohabited at the Nortey Loop East Legon apartment as a couple until the relationship got terminated at the instance of the Plaintiff who is allegedly to have indicated his preference for an unemployed woman who can take care of him.
Following the breakdown of the relationship, the Plaintiff instituted the instant action seeking to recover possession of the apartment occupied by the Defendant. His case was that the Defendant was a mere licensee whose license to remain on the premises had been validly revoked by him when he ended their then 11 year old romantic relationship.
The Defendant