DON ACKAH (PLAINTIFF/ RESPONDENT) vs. PERGAH TRANSPORT LTD. & 2 OTHERS (DEFENDANTS/ APPELLANTS)

The dispute concerns ownership of house No. Plot 642, East Legon, Accra. SG SSB Bank Ltd. offered the house for sale in 1999, occupied by the 2nd Appellant. The Respondent arranged a loan of ¢200,000,000 from Unique Trust Financial Services for the 1st Appellant, which was paid as part of the purchase price. The Respondent later paid the balance of ¢130,000,000 on behalf of the 1st Appellant. The Respondent claims the house was purchased in the 1st Appellant's name to boost its corporate profile with an agreement to transfer ownership to him later. The 2nd Appellant denies this, asserting the Respondent only provided financial assistance. The Respondent sought declarations of ownership and possession, while the Appellants counterclaimed for damages due to vandalism by the Respondent.

MARFUL-SAU J.A. The fundamental issue raised in this appeal for determination is who owns house no. plot 642 East Legon Accra. Is it owned by the Respondent herein or the1st Appellant? From the record of appeal the facts of the case simply are as follows: - SG.SSB Bank Ltd. who were the 3rd Defendants in the trial offered to sell house No. Plot 642, East Legon Accra. The house was at the time occupied by the 2nd Appellant herein. The purchase price of the house was fixed at ¢330,000,000.00. This transaction was in year 1999. The Respondent herein arranged for a loan of ¢200,000,000.00 from Unique Trust Financial Services for the 1st Appellant, which amount was paid to SG SSB Bank Ltd. by 1st Appellant as part payment of the purchased price. After about four (4) years, the balance of ¢130,000,000.00 was paid by the Respondent again on behalf of the 1st Appellant. Meanwhile the 1st Appellant unknown to the Respondent also issued two cheques in the sums of ¢60,000,000.00 and ¢70,00...