Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others
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…
Source excerpt
- Leasehold interests
- Resulting trust
- Presumption of advancement
- Forfeiture of lease
- Sublease consent
- Fraudulent transfer allegations