C. C. W. Ltd Vrs Accra Metropolitan Assembly [2021] GHASC 15 (31 March 2021)

C. C. W. Ltd Vrs Accra Metropolitan Assembly [2021] GHASC 15 (31 March 2021)

The Court of Appeal erred by allowing legal issues not pleaded or raised at trial to be argued on appeal without leave and without giving the plaintiff an opportunity to respond. The plaintiff proved, on a balance of probabilities, her contribution to the acquisition of property based on a promise to marry, entitling her to equitable relief by way of constructive trust. The defendant failed to prove sole ownership or entitlement to the vehicle. The High Court's judgment is restored, save for costs paid to the 1st defendant.

Citation
[2021] GHASC 15
Parties
Plaintiff/respondent/appellant: Ama Serwaa; 1st Defendant: Gariba Hashimu; 2nd Defendant/appellant/respondent: Issaka Hashimu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 March 2021
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored (except as to costs to 1st defendant)
Legal Topics
Breach of Promise to Marry, Constructive Trust, Illegality of Contract, Foreign Law as Fact, Appellate Procedure
Source Language
English
Family Law Equity and Trusts Civil Procedure Breach of Promise to Marry Constructive Trust Illegality of Contract Foreign Law as Fact Appellate Procedure

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Parties

Ama Serwaa

Plaintiff/respondent/appellant

Gariba Hashimu

1st Defendant

Issaka Hashimu

2nd Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in allowing legal issues not pleaded or argued at trial to be raised on appeal without leave
  2. 2 Whether the plaintiff discharged the burden of proof for her claims
  3. 3 Whether the Court of Appeal erred in holding that the plaintiff admitted legal points by not responding

Ratio Decidendi

The Court of Appeal erred by allowing legal issues not pleaded or raised at trial to be argued on appeal without leave and without giving the plaintiff an opportunity to respond. The plaintiff proved, on a balance of probabilities, her contribution to the acquisition of property based on a promise to marry, entitling her to equitable relief by way of constructive trust. The defendant failed to prove sole ownership or entitlement to the vehicle. The High Court's judgment is restored, save for costs paid to the 1st defendant.

Court Disposition

Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored (except as to costs to 1st defendant)

Orders

  • Restore High Court judgment in favour of plaintiff except for Ghc 5,000 costs paid to 1st defendant
  • Set aside Court of Appeal judgment