[1993]DLSC818 • January 12, 1993 • Supreme Court •
OGBARMEY-TETTEH vs. OGBARMEY-TETTEH
The parties, married under the Marriage Ordinance in 1951, became estranged around 1970. The plaintiff claimed absolute ownership of two contiguous plots of land (Plot A and Plot B) with buildings thereon. The defendant denied the claim and counterclaimed ownership based on a resulting trust. The dispute centered on who paid for and owned the plots and the buildings erected thereon.
read moreI have had the opportunity of reading beforehand the learned judgments of my brothers Wuaku and Aikins JJSC 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 should therefore allow the appeal of the plaintiff and dismiss the cross appeal of the defendant. JUDGMENT OF WUAKU JSC. This is a cross appeal by the parties to parts of the judgment of the Court of Appeal delivered on 18 July 1991. The plaintiff-appellant (hereinafter referred to as the plaintiff) and the defendant-appellant (hereinafter referred to as the defendant) got married under the Marriage Ordinance, Cap 127 (1951 Rev) on 22 September 1951. 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 asked for is a declaration that he is the absolute owner of a piece of plot of land he de...