2 passages from 1 case, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolThe acts and declarations of the parties before or at the time of the purchase, or so immediately after it as to constitute a part of the transaction, are admissible in evidence either for or against the party who did the act or made the declaration... But subsequent declarations are admissible as evidence only against the party who made them, and not in his favour
KWANTRENG v. AMASSAH AND OTHERS [1962] 1 GLR 241 [1962] SLR (SC) 14 · Supreme Court · 1962 · VAN LARE JSC
Read it in the judgment“Both the presumption of a resulting trust and the presumption of advancement can be rebutted by evidence of the actual intention of the purchaser. In these cases the court puts itself in the position of a jury, and considers all the circumstances of the case, so as to arrive at the purchaser’s real intention; it is only where there is no evidence to contradict it that the presumption of a resulting trust, or of advancement, as the case may be, will prevail.”
KWANTRENG v. AMASSAH AND OTHERS [1962] 1 GLR 241 [1962] SLR (SC) 14 · Supreme Court · 1962 · VAN LARE JSC
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