[2002]DLCA6571 • December 5, 2002 • Court of Appeal
PAUL ADOMAKO & ANOR. vs. MRS. OWUSU-ASIEDU
The 1st Plaintiff, Paul Adomako (now deceased), and the 2nd Plaintiff jointly acquired House No. 29 Block 6, KorleGono, Accra. The 1st Plaintiff allegedly gifted his 50% share of the house to the Defendant's late husband. Despite this, the property was registered jointly in the names of the Plaintiffs. After the death of the Defendant's husband, the Defendant resisted eviction, claiming entitlement through the gift. The Plaintiffs sought declaration of title, recovery of possession, and damages.
read moreOWUSU-ANSAH, JA: This is an appeal from the judgment of the Circuit Court, Accra, dated the 20th March, 2002, in respect of House No. 29 Block 6, Korle-Gono, Accra. The issue in this appeal appears to be quite simply whether or not there was a valid gift from the 2nd Plaintiff’s husband (i.e. 1st Plaintiff) to the husband of the Defendant. On the 30th August 1999, the Plaintiffs in this case issued a Writ of Summons against the Defendant herein, claiming:— (a) A Declaration of title to House No. 29 Block 6 Korle-Gono, Accra, (b) Recovery of Possession, and (c) General damages. The facts of the case are that the 1st Plaintiff Paul Adomako( now deceased) jointly acquired the house in dispute with his wife the 2nd Plaintiff over a decade ago. In the course of time the 1st Plaintiff was alleged to have “given “his 50% share of the house to the Defendant’s late husband. However, notwithstanding this alleged ‘gift’ the Defendant’s late husband, apparently at...