USSHER AND ORS
V.
DARKO

(1977) JELR 80752 (CA)

Court of Appeal · 14 Mar 1977 · Ghana
·

Other Citations

[1977] 1 GLR 476-495

CORAM

APALOO, LASSEY AND KINGSLEY-NYINAH JJ.A.

Core Terms ^Beta

plaintiff

sir edward

legal title

title

cross-examination

matilda martinson

sir edward asafu-adjaye

circuit court

future rents

learned judge

application of the plaintiff

exercise of his discretion

husband of the owner of the property

legal consequences

notice of sir edward

only evidence

purchase of the land

title deeds

alleged equitable interest

behalf of the plaintiff

behest of the plaintiff

c.a. lord esher m.r.

complex questions of equity law

document of title

equitable doctrine of constructive notice

evidence of any marriage

fixed rules

holder of the legal title

house no. 20a

judge show

known facts

late sir edward asafu-adjaye

learned circuit judge

legal opinion

legal profession

marital status of matilda martinson

mr. j. e. vanderpuije

name of matilda

part of the purchase price

purchaser of that property

reason of the statutory marriage

right of beneficial enjoyment of the self

such discretion

view of the evidence

vis matilda

wife of sir edward

JUDGMENT OF APALOO J.A.

The suit which culminated in this appeal began as a common-place one in the circuit court in which the respondent (who I shall hereafter call the plaintiff) qua landlord, sought an order for possession against the appellants who occupied various apartments in house No. 20A/4, Accra New Town, as tenants. The appellants resisted the claim on grounds which I will presently relate. The learned circuit judge, his honour Judge Andoh (as he then was) acceded to the plaintiff's claim and in a judgment read on 25 January 1973, concluded as follows: "I rule therefore that the tenants be ejected from the premises as from the end of February 1973." Before reaching this conclusion and in view of the evidence presented to him and other issues which arose during the course of the proceedings, the judge felt constrained to examine somewhat complex questions of equity law and in particular, the concept of dual ownership, which allows a trustee to hold title while the beneficia…

USSHER AND ORS V. DARKO

USSHER AND ORS
V.
DARKO