Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others [2023] GHAHC 343 (6 February 2023)

Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others [2023] GHAHC 343 (6 February 2023)

The court found the presumption of advancement applied in favour of the 1st defendant, making him both legal and beneficial owner of the property. There was no evidence of a resulting trust. The 1st defendant could lawfully gift his reversionary interest to his siblings, and the plaintiff's interest was not affected by this. The sublease was irregular as it was not signed by the legal owner, and expired upon surrender of the head lease. The plaintiff, by challenging the title of the defendants, forfeited its sublease. Plaintiff's claims failed and judgment was entered for the defendants' counterclaim.

Citation
[2023] GHAHC 343
Parties
Plaintiff: Dynasty Chinese Restaurant Ltd; 1st Defendant: Kweku Arku Datsi Cato; 2nd Defendant: Annan Cato; 3rd Defendant: Mrs. Nana Daatsewa Cato-Gilbertson; 4th Defendant: Kwesi Datsi Cato; 5th Defendant: Miss. Essie Akumenya Cato; 6th Defendant: Lands Commission
Court
High Court
Jurisdiction
Ghana
Judgment Date
6 February 2023
Procedural Posture
Civil (land/property) / Judgment
Outcome
Plaintiff's claims dismissed; judgment for 1st to 5th defendants on counterclaim.
Legal Topics
Leasehold Interests, Resulting Trust, Presumption of Advancement, Forfeiture of Lease, Sublease Consent, Fraudulent Transfer Allegations
Source Language
English
Land Law Property Law Trusts Leasehold Interests Resulting Trust Presumption of Advancement Forfeiture of Lease Sublease Consent +1 more

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Parties

Dynasty Chinese Restaurant Ltd

Plaintiff

Kweku Arku Datsi Cato

1st Defendant

Annan Cato

2nd Defendant

Mrs. Nana Daatsewa Cato-Gilbertson

3rd Defendant

Kwesi Datsi Cato

4th Defendant

Miss. Essie Akumenya Cato

5th Defendant

Lands Commission

6th Defendant

Procedural Posture

Civil (land/property) / Judgment

Legal Issues

  1. 1 Whether the 2nd-5th defendants are beneficial owners of the property
  2. 2 Whether the 1st defendant held the property on a resulting trust for his late father
  3. 3 Whether the deed of gift from the 1st defendant to himself and siblings was valid

Ratio Decidendi

The court found the presumption of advancement applied in favour of the 1st defendant, making him both legal and beneficial owner of the property. There was no evidence of a resulting trust. The 1st defendant could lawfully gift his reversionary interest to his siblings, and the plaintiff's interest was not affected by this. The sublease was irregular as it was not signed by the legal owner, and expired upon surrender of the head lease. The plaintiff, by challenging the title of the defendants, forfeited its sublease. Plaintiff's claims failed and judgment was entered for the defendants' counterclaim.

Court Disposition

Plaintiff's claims dismissed; judgment for 1st to 5th defendants on counterclaim.

Orders

  • Plaintiff to vacate the property and deliver vacant possession to 1st to 5th defendants
  • Plaintiff to pay rent at the cedi equivalent of $2,733.00 per month from January 2020 until vacation of the property