Yamoah-ponkoh & Ors Vrs Asomdwe House Co. Ltd. [2021] GHASC 174 (26 May 2021)

Yamoah-ponkoh & Ors Vrs Asomdwe House Co. Ltd. [2021] GHASC 174 (26 May 2021)

The Supreme Court held that the plaintiffs/respondents, as contributors to the project, are beneficial owners under a constructive trust and cannot be tenants in their own property. The tenancy agreements are vitiated by common mistake, as both parties misunderstood the true nature of their relationship. The settlement agreement required the inclusion of all contributors as members of the company, and the exclusion of some was unconscionable. The appeal did not meet the threshold for disturbing concurrent findings of the lower courts.

Citation
[2021] GHASC 174
Parties
Plaintiff/respondent: Kofi Kyei Yamoah-Ponkoh; Plaintiff/respondent: Andrews Okyere; Plaintiff/respondent: Amoako Blankson; Plaintiff/respondent: All Shop Owners of Anomanye Stores Complex for themselves and on behalf of 29 others; Defendant/appellant: Asomdwe House Co. Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 May 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Common Mistake, Tenancy Agreements, Company Membership, Proprietary Interest, Appeals Procedure
Source Language
English
Equity and Trusts Contract Law Company Law Constructive Trust Common Mistake Tenancy Agreements Company Membership Proprietary Interest +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Kofi Kyei Yamoah-Ponkoh

Plaintiff/respondent

Andrews Okyere

Plaintiff/respondent

Amoako Blankson

Plaintiff/respondent

All Shop Owners of Anomanye Stores Complex for themselves and on behalf of 29 others

Plaintiff/respondent

Asomdwe House Co. Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the tenancy agreements executed between the parties are valid or vitiated by common mistake
  2. 2 Whether the plaintiffs/respondents are beneficial owners of the property by virtue of constructive trust
  3. 3 Whether the implementation of the settlement agreement was proper and inclusive

Ratio Decidendi

The Supreme Court held that the plaintiffs/respondents, as contributors to the project, are beneficial owners under a constructive trust and cannot be tenants in their own property. The tenancy agreements are vitiated by common mistake, as both parties misunderstood the true nature of their relationship. The settlement agreement required the inclusion of all contributors as members of the company, and the exclusion of some was unconscionable. The appeal did not meet the threshold for disturbing concurrent findings of the lower courts.

Court Disposition

Appeal dismissed

Orders

  • The head lease between Lands Commission and Gabbat (Gabat) Co Ltd shall be formally assigned to the defendant-appellant (Asomdwe House Ltd)
  • The tenancy agreements executed with the plaintiff-respondents are cancelled