[1977]DLCA16395 • March 14, 1977 • Court of Appeal
USSHER AND OTHERS vs DARKO
The respondent (plaintiff) sought possession of premises occupied by appellants as tenants. The property was legally titled in Matilda Martinson's name, who was alleged to be the wife or paramour of the late Sir Edward Asafu-Adjaye, who had purchased the land and built the house but conveyed legal title to Matilda. Sir Edward had beneficial ownership and collected rents. Matilda sold the property to the plaintiff without Sir Edward's knowledge. The appellants were tenants under Sir Edward's tenancy agreements. The plaintiff demanded rents from appellants, who disputed his title and were willing to pay rents into court.
read moreJUDGMENT 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 t...