OGBARMEY-TETTEH vs. OGBARMEY-TETTEH

The parties, married under the Marriage Ordinance in 1951, became estranged by 1970. The dispute concerns ownership of two adjoining plots of land (Plot A and Plot B) in Laterbiokorshie, Accra, with buildings erected thereon. The plaintiff claimed absolute ownership of both plots and the buildings, while the defendant counterclaimed ownership based on a resulting trust. The plaintiff alleged he purchased Plot B after the defendant sold it to a third party who rescinded the sale, and that he built an outhouse thereon. The defendant denied this, asserting she retained ownership and that the plaintiff held the property on trust for her. The High Court ruled in favor of the plaintiff for both plots; the Court of Appeal affirmed ownership of Plot A by the plaintiff but awarded Plot B to the defendant. Both parties appealed to the Supreme Court.

ARCHER CJ, WUAKU JSC, AMUA-SEKYI JSC, AIKINS JSC, WIREDU JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JSC ARCHER CJ. I have had the opportunity of reading beforehand the learned judgments of my brothers Wuaku JSC and Aikins JSC and I agree with them that the judgment of the trial judge in the High Court is fair and reasonable and that it should not be disturbed. I would therefore allow the appeal of the plaintiff and dismiss the appeal of the defendant. WUAKU JSC. This is a cross appeal by the parties to parts of the judgment of the Court of Appeal delivered on 19/7/1991. The plaintiff-appellant will be referred to in this judgment as the plaintiff and the defendant-appellant also simply as the defendant. The parties got married under the Marriage Ordinance on 22/9/51. The marriage seemed to have come to an end in 1970. The plaintiff claims against the defendant two main reliefs and what I may describe as four ancillary reliefs. The first main relief the plaintiff claims is for a declar...