Kwame Apemasu -vrs-lydia Adomah Sub. By Yaa Agyeiwaa [2022] GHACA 49 (28 November 2022)

Kwame Apemasu -vrs-lydia Adomah Sub. By Yaa Agyeiwaa [2022] GHACA 49 (28 November 2022)

The Plaintiff successfully rebutted the presumption of ownership in favour of the Defendant by providing compelling oral evidence from the grantor, caretaker, and other witnesses that she acquired the land and funded the construction, despite the documents being in the Defendant's name. The principle of resulting...

Source-derived case information.

Citation
[2022] GHACA 49
Parties
Defendant/appellant: Kwame Apemasu; Plaintiff/respondent: Madam Lydia Adomah (substituted by Madam Yaa Agyeiwaah)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
28 November 2022
Procedural Posture
Civil Appeal (land Dispute) / Judgment on Appeal
Outcome
Appeal dismissed; judgment of the trial court affirmed.
Legal Topics
Ownership of Land, Resulting Trust, Presumption of Ownership, Burden of Proof, Documentary Vs Oral Evidence
Source Language
english
Land Law Civil Procedure Trusts Ownership of Land Resulting Trust Presumption of Ownership Burden of Proof Documentary Vs Oral Evidence

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Summary, issues, holding and outcome

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Parties

Kwame Apemasu

Defendant/appellant

Madam Lydia Adomah (substituted by Madam Yaa Agyeiwaah)

Plaintiff/respondent

Procedural Posture

Civil Appeal (land Dispute) / Judgment on Appeal

Legal Issues

  1. 1 Whether Plaintiff is the bonafide owner of House No 9A Block F Asuoyeboa-Kumasi
  2. 2 Whether Defendant is the owner of the disputed property
  3. 3 Whether the presumption of ownership in favour of Defendant was rebutted

Ratio Decidendi

The Plaintiff successfully rebutted the presumption of ownership in favour of the Defendant by providing compelling oral evidence from the grantor, caretaker, and other witnesses that she acquired the land and funded the construction, despite the documents being in the Defendant's name. The principle of resulting trust applied, and the trial judge's findings were supported by the weight of evidence.

Court Disposition

Appeal dismissed; judgment of the trial court affirmed.

Orders

  • Plaintiff declared owner of House No 9A Block F Asuoyeboa-Kumasi
  • Recovery of possession granted to Plaintiff