[1973]DLHC2312 • July 30, 1973 • High Court
QUIST vs. GEORGE
The plaintiff sought a declaration that the defendant was a bare licensee of land at North Christiansborg, Accra, on which the defendant built Salem Hospital. The land was originally owned by the plaintiff and gifted to her daughter in 1959. The daughter, married to the defendant, mortgaged the land to secure a loan for the hospital's construction. Following marital separation, the daughter reconveyed the land to the plaintiff. The plaintiff claimed the defendant's license was revoked due to the separation. The defendant claimed an equitable interest in the land based on his investment and use of the property.
read moreIn this action the plaintiff is asking for a declaration that the defendant is a bare licensee of a piece of land situate and lying at North Christiansborg, Labadi Road, Accra, and on which has been built a hospital popularly known as the Salem Hospital. The daughter of the plaintiff was married to the defendant under the Marriage Ordinance, Cap 127 (1951 Rev.), and even though they are no longer living together, the marriage is still subsisting. They separated in September 1969, after they had lived as man and wife for 26 years. The cause of the separation does not appear to be very relevant to the present case, except that the present dispute seemed to have arisen immediately after the said separation had taken place. For the sake of clarity, the wife of the defendant will be referred to as the daughter. The plaintiff’s case The plaintiff, some time before 1959, owned the land in dispute. She alleged that in 1954, her daughter refused to live with the defendant because the d.....