Asibbey Vrs Gbomittah and Others [2012] GHASC 19 (25 April 2012)

Asibbey Vrs Gbomittah and Others [2012] GHASC 19 (25 April 2012)

The majority found that the lower courts failed to properly evaluate the evidence, especially Exhibit H, the long occupation by Kyei, and the conduct of Commander Osei. The majority held that the evidence supported the existence of a resulting trust in favour of the appellant's late husband, and that the decision of the lower courts was against the weight of evidence. The minority would have dismissed the appeal, finding no basis to overturn the concurrent findings.

Citation
[2012] GHASC 19
Parties
Plaintiff/appellant/appellant: Margaret Osei Assibey; Defendant/respondent: Joyce Gbomittah; Defendant/respondent: Kwabena Adomako; Defendant/respondent: Commander Godwin Edward Osei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 April 2012
Procedural Posture
Civil Appeal / Supreme Court Appeal From Court of Appeal Affirming High Court
Outcome
appeal allowed (majority); judgment of High Court and Court of Appeal set aside; judgment entered for plaintiff/appellant/appellant
Legal Topics
Resulting Trust, Ownership of Property, Evidence Evaluation, Concurrent Findings, Appeals Process
Source Language
English
Property Law Equity Resulting Trust Ownership of Property Evidence Evaluation Concurrent Findings Appeals Process

Case Brief

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Parties

Margaret Osei Assibey

Plaintiff/appellant/appellant

Joyce Gbomittah

Defendant/respondent

Kwabena Adomako

Defendant/respondent

Commander Godwin Edward Osei

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Court of Appeal Affirming High Court

Legal Issues

  1. 1 Whether the disputed property H/No. 461, Kwadaso Estate, Kumasi was acquired by Commander Osei for himself or for the benefit of the late Samuel Kyei
  2. 2 Whether the equitable doctrine of resulting trust applies in favour of the appellant
  3. 3 Whether the lower courts properly evaluated the evidence, especially Exhibit H

Ratio Decidendi

The majority found that the lower courts failed to properly evaluate the evidence, especially Exhibit H, the long occupation by Kyei, and the conduct of Commander Osei. The majority held that the evidence supported the existence of a resulting trust in favour of the appellant's late husband, and that the decision of the lower courts was against the weight of evidence. The minority would have dismissed the appeal, finding no basis to overturn the concurrent findings.

Court Disposition

appeal allowed (majority); judgment of High Court and Court of Appeal set aside; judgment entered for plaintiff/appellant/appellant

Orders

  • Declaration of title to H/No. 461, Kwadaso Estate, Kumasi in favour of plaintiff/appellant/appellant
  • Recovery of possession to plaintiff/appellant/appellant