WILLIAM APIETU AMPOFO v. SAMUEL ANKRAH and Others
2024
SUPREME COURT
GHANA
CORAM
- PWAMANG JSC (PRESIDING)
- LOVELACE-JOHNSON (MS.) JSC
- PROF. MENSA-BONSU (MRS.) JSC
- ACKAH-YENSU (MS.) JSC
- ASIEDU JSC
Areas of Law
- Property Law
- Equity
- Land Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The dispute involves the plaintiff and the 1st defendant, who were friends and had several dealings involving the plaintiffs property. Differences arose, leading to litigation over the property and monetary claims. The High Court ruled in favor of the plaintiff, but the Court of Appeal overturned this decision, recognizing the 1st defendant's building license and monetary claims. The Supreme Court partially overturned the Court of Appeal's decision, ordering a lease for the 1st defendant and a monetary payment from the plaintiff.
PWAMANG JSC:
My Lords, the parties to this appeal were great friends for several years
before differences between them led to this litigation. The
Plaintiff/respondent/appellant (the plaintiff) got to know the 1st defendant/
appellant/respondent (the 1st defendant) in 1987 at which time the 1st
defendant was married to the plaintiff’s cousin and living in the house of
the plaintiff’s mother known as H/No C140/20, Abelenkpe, Accra. The
house contained three separate units. The main house was rented out by
the plaintiff’s mother to one Nicholas Kwablah Afedi who used it as
Santana Hotel Annex while she lived in one of the units. The 1st defendant
and his wife lived in the third unit, a one-bedroom self contained. The
plaintiff was the only child of his elderly mother but he was resident in the
United States of America so it was the 1st defendant and his wife who
supported his mother. The plaintiff visited Ghana regularly and used to
lived in his mother house and it was during those visits that he met and
became free with the 1st defendant. In 1992 the plaintiff’s mother died
and he came to Ghana for the funeral. Thereafter, the 1st defendant
continued to live in the house even after his wife vacated the house as a
result of some marital disagreements.
When the plaintiff inherited the house after the death of his mother, he
initially left it to some family relations of his as caretakers since he was
not resident in Ghana. However, he became dissatisfied with the
stewardship of his various family relations so he handed the house over to
the 1st defendant to manage on his behalf. As part of his duties, the 1st
defendant, with the approval of the plaintiff, renovated where the
plaintiff’s mother used to live and rented it out. Out of the rent the 1st
defendant recovered his expenses and paid the balance to the plaintiff.
After this renovation the parties cooperated on the construction of a
house the plaintiff started at Kibi. The plaintiff gave money to the 1st
defendant for him to oversee the construction for him. Over time the
cordial relationship between the plaintiff and the 1st defendant grew very
strong and they related to each other like blood brothers. The plaintiff
facilitated a visit to the United States by the 1st defendant and his new
wife and they lived in the house of the plaintiff on their first visit.
In this state of affairs, there were a number of money transactions
between the parties involving the management