PAUL ADOMAKO & ANOR.
V.
MRS. OWUSU-ASIEDU

(2002) JELR 63488 (CA)

Court of Appeal · CIVIL APPEAL NO.: CA/NO.98/2001 · 5 Dec 2002 · Ghana

CORAM

OWUSU JA. (PRESIDING), ADINYIRA JA, OWUSU-ANSAH JA.

Ratio Decidendi

Core Terms ^Beta

defendant

case

1st plaintiff

customary gift

defendant’s late husband

2nd plaintiff

issue

late husband

deed of gift

learned circuit court judge

learned circuit judge

learned judge

course of time

declaration of title

deed of gift inter vivos

joint names of the plaintiffs

simple contracts

weight of the evidence

written document

1st plaintiff paul adomako

2nd plaintiff’s husband

appeal states

appellant’s case

contracts act

death of the defendant

different reasons

doctrine of consideration

donative promises

facts of the case

first of a number of additional grounds

have r.

husband of the defendant

individual wishes

issue of customary gift

judgment of the circuit court

lands title registry

legal effect

legal obligation

main advantage

major ground

realm of legal enforceability

respect of house no.

said property

share of the house

signed written document

submission counsel

support of the learned judge

test of enforceability of promises

valid gift

very inception of this suit

OWUSU-ANSAH, JA

This is an appeal from the judgment of the Circuit Court, Accra, dated the 20th March, 2002, in respect of House No. 29 Block 6, Korle-Gono, Accra.

The issue in this appeal appears to be quite simply whether or not there was a valid gift from the 2nd Plaintiff’s husband (i.e. 1st Plaintiff) to the husband of the Defendant.

On the 30th August 1999, the Plaintiffs in this case issued a Writ of Summons against the Defendant herein, claiming:—

(a) A Declaration of title to House No. 29 Block 6 Korle-Gono, Accra,

(b) Recovery of Possession, and

The facts of the case are that the 1st Plaintiff Paul Adomako (now deceased) jointly acquired the house in dispute with his wife the 2nd Plaintiff over a decade ago.

In the course of time the 1st Plaintiff was alleged to have “given “his 50% share of the house to the Defendant’s late husband.

However, notwithstanding this alleged ‘gift’ the Defendant’s late husband, apparently at the request of the Plaintiff, duly registe…

PAUL ADOMAKO & ANOR. V. MRS. OWUSU-ASIEDU

PAUL ADOMAKO & ANOR.
V.
MRS. OWUSU-ASIEDU