[1997]DLSC111 • March 12, 1997 • Supreme Court •
ASARE vs KUMOJI
The plaintiff (Asare) sued the defendant (Kumoji) in the High Court, Accra, seeking transfer of a dwelling house at Tetteh Kwei Street, Dzorwulu, alleged to be gifted to her and her children by the defendant, damages for breach of promise to marry, refund of monies expended on renovations to defendant's properties, and interest. The defendant denied claims and counterclaimed for ejectment from the house held as trustee for his son, recovery of a car and generator, accounts of rents collected from various properties, and injunctions restraining plaintiff from interfering with defendant's properties.
read moreJUDGEMENT Aikins JSC. Delivered the judgment of the court. The plaintiff-appellant (hereinafter referred to as the plaintiff) sued the defendant-respondent (hereinafter referred to as the defendant) in the High Court, Accra asking for: “(i) An order that the defendant doth transfer to the plaintiff, the dwelling-house at Tetteh Kwei Street, Dzorwulu, Accra, originally belonging to the defendant but gifted to the plaintiff and her children by the defendant as a result of which the plaintiff expended some US$48,489.4 (or its equivalent in cedis) to renovate and refurbish it. (ii) ¢10 million as damages for breach of a promise to marry the plaintiff. (iii) Refund of the sum of US$86,776.5 (or its equivalent in cedis at the date of payment) being various moneys expended by the plaintiff at the request of the defendant for the purposes of renovating, refurbishing or making extensions, to various properties belonging to the defendant which moneys the defendant has failed or...