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JUSTINA MENSAH
V.
SIMMS KOFI MENSAH

(2018) JELR 65108 (CA)

Court of Appeal 29 Nov 2018 Ghana
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- This case involves a dispute over ownership of a property in New Achimota, Ghana. - The Trial Court found that the property was constructed using funds provided by the defendant, even though the legal documents were in the name of the pla

Case Details

Suit Number:CIVIL APPEAL NO.HI/192/2018
Judges:K.A. ACQUAYE J.A (PRESIDING), B.F. ACKAH-YENSU J.A, I. O. TANKO AMADU J.A
Counsel:G.O. ADUFU ESQ. (FOR APPELLANT) ,K. OFFEI BADU ESQ. (FOR RESPONDENT)

TANKO AMADU J.A

(1) This appeal lies from the judgment of the High Court (Land Division) Accra dated the 14th day of June, 2017 in the said judgment the Learned Trial Judge held and ordered in inter alia as follows:-

“Thus the Plaintiff’s claim will fail. The court finds that the property in dispute located at New Achimota, was constructed by funds made available by the Defendant and even though the legal documents are in the name of the Plaintiff, she holds the legal title as a bare trustee for the Defendant. Thus having provided the purchase money and constructed the building through his own resources, the Plaintiff merely held the legal title of the estate House No.15, 13th Street, New Achimota formerly numbered as No.205 but now No.5 while the Defendant is the beneficial owner of the said property”.

(2) The Learned Trial Judge further ordered the Lands Commission to set aside the Land Certificate obtained by the Plaintiff/ Appellant in respect of the estate House on Plot No.15, 13th …

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