Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(c) General damages.

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…

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