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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login