Ghana Case Law

Serwaa Vrs Hashimu & Anor

Serwaa Vrs Hashimu & Anor [2022] GHASC 108 (14 April 2022)

Court

Supreme Court

The Supreme Court held that the Court of Appeal erred by allowing and ruling on legal issues not pleaded in the notice of appeal and without giving the plaintiff an opportunity to respond, contrary to procedural rules. The evidence on record established that the plaintiff contributed to the acquisition of properties based on a promise to marry, and a constructive trust arose in her favour. The Court of Appeal's decision was set aside and the High Court judgment restored, except for costs awarded to the 1st defendant.

Source excerpt

• Breach of promise to marry
• Constructive trust
• Appeals procedure
• Illegality and public policy
• Burden of proof

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Serwaa Vrs Hashimu & Anor

Serwaa Vrs Hashimu & Anor [2022] GHASC 107 (14 April 2022)

Court

Supreme Court

The Court of Appeal erred by allowing the defendant to argue legal issues not pleaded in the notice of appeal and without leave, thereby denying the plaintiff an opportunity to respond, which occasioned a miscarriage of justice. The plaintiff established, on a balance of probabilities, her contribution to the acquisition of properties during the relationship, entitling her to reliefs under the doctrine of constructive trust. The Supreme Court set aside the Court of Appeal's decision and restored the High Court's judgment (except as to costs paid to the 1st defendant).

Source excerpt

• Breach of promise to marry
• Constructive trust
• Burden of proof
• Grounds of appeal
• Foreign law
• Public policy

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Yamoah-ponkoh & Ors Vrs Asomdwe House Co. Ltd.

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

Court

Supreme Court

The Supreme Court dismissed the appeal, holding that the shop contributors were beneficial owners under a constructive trust and that the tenancy agreements were vitiated by common mistake.

• Constructive trust
• Common mistake
• Tenancy agreements
• Company membership
• Proprietary interest
• Appeals procedure

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Serwa Vrs Hashimu and Another

Serwa Vrs Hashimu and Another [2021] GHASC 3 (14 April 2021)

Court

Supreme Court

The Supreme Court held that the Court of Appeal erred by allowing the defendant to argue legal issues not pleaded in the notice of appeal without leave and without giving the plaintiff an opportunity to respond, contrary to procedural rules. The Court found that the plaintiff had, on a balance of probabilities, proved her claims of contribution to property acquisition based on a promise to marry, and that a constructive trust arose in her favour. The legality of prostitution in Italy could not be raised for the first time on appeal as foreign law is a question of fact requiring proof at trial…

Source excerpt

• Breach of promise to marry
• Constructive trust
• Burden of proof
• Appeals procedure
• Public policy and illegality
• Foreign law

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Serwaa Vrs Hashimu & Anor

Serwaa Vrs Hashimu & Anor [2021] GHASC 151 (14 April 2021)

Court

Supreme Court

The Supreme Court held that the Court of Appeal erred by allowing and ruling on legal issues not pleaded in the notice of appeal and without giving the plaintiff an opportunity to respond, contrary to procedural rules. The Court further found that the plaintiff had proved, on a balance of probabilities, her entitlement to a share of the properties acquired during the relationship under the doctrine of constructive trust, and that the defendant could not rely on the alleged illegality of prostitution in Italy, as foreign law was not pleaded or proved at trial. The Court restored the High Court…

Source excerpt

• Breach of promise to marry
• Constructive trust
• Appeals procedure
• Illegality and public policy
• Burden of proof

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C. C. W. Ltd Vrs Accra Metropolitan Assembly

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

Court

Supreme Court

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.

Source excerpt

• Breach of promise to marry
• Constructive trust
• Illegality of contract
• Foreign law as fact
• Appellate procedure

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Berimah Vrs Nanor & 2 Ors

Berimah Vrs Nanor & 2 Ors [2021] GHASC 165 (24 March 2021)

Court

Supreme Court

The Supreme Court set aside the Court of Appeal’s decision, holding that forged documents and fraud could not support the plaintiff’s claim to the property.

• Resulting trust
• Presumption of advancement
• Estoppel by conduct
• Forgery
• Matrimonial property
• Appeals procedure

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ROSEMOND NORTEYE -VRS- FRANK NORTEYE

ROSEMOND NORTEYE -VRS- FRANK NORTEYE [2020] GHACA 11 (18 June 2020)

Court

ghaca

The Court of Appeal upheld the finding that Rosemond Norteye owned House No. 18 Fair Havens and dismissed Frank Norteye’s appeal.

• Resulting trust
• Constructive trust
• Title to land
• Judicial notice
• Burden of proof
• Forensic evidence

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