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OBENG VRS ANSAH & ANOTHER (A1/08/2022) [2024] GHACC 121 (16 February 2024)
The Circuit Court dismissed a land claim, finding the plaintiff’s suit statute-barred and barred by acquiescence and estoppel after long possession by the 1st Defendant.
ADUBEA VRS. AKOS (A2/01//2023) [2023] GHADC 1078 (17 May 2023)
The District Court found that the plaintiff proved she gave GHC8,000 to the defendant for safe keeping, and ordered repayment with costs.
Makab Company Ltd Vrs Bragha Construction Ltd [2023] GHASC 9 (22 February 2023)
The Supreme Court (majority) held that the trial court's award of damages was within jurisdiction and appropriate given the circumstances, as specific performance was not feasible due to third party interests. The appellate court erred by substituting its discretion for that of the trial court and awarding damages based on current market value without sufficient evidentiary basis. However, the trial court's damages were increased to adequately compensate the plaintiff for the defendant's breach and conduct.
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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' coun…
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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 trust applied, and the trial judge's findings were supported by the weight of evidence.
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Bansi Yussif Zaratu Vrs Sadatu Sumani Zakari [2022] GHADC 33 (18 October 2022)
The court granted a maintenance application by settling the respondent’s property in trust for the parties’ four children and naming the applicant as trustee.
Ofei Vrs Darko and Others [2018] GHASC 6 (31 January 2018)
The majority of the Supreme Court found that the property was owned by Kwabena Apenteng, as evidenced by authentic documentary evidence, and the defendants' claims of resulting trust and adverse possession were not supported by the facts. The sale to the plaintiff was valid, and the appeal by the defendants was dismissed, affirming the Court of Appeal's decision. However, there was a dissenting opinion that would have restored the trial court's judgment for the defendants, finding a resulting trust and adverse possession in their favour.
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Amoako Vrs Osei [2016] GHASC 93 (1 June 2016)
The respondent failed to prove, on a balance of probabilities, any joint ownership or partnership in the business or properties; the evidence and documents supported the appellant's sole ownership. The lower courts erred in relying on uncorroborated assertions and emotional reasoning rather than established facts and law.
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Gateway Worship Center Vrs Soon [2009] GHASC 7 (21 January 2009)
The Supreme Court held that the Circuit Court had jurisdiction to apply equity in a land dispute, upheld a constructive trust for the church, and struck out the pastor as an unnecessary party.
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