How 11-year relationship secured girlfriend beneficial interest in man’s East Legon property

A Circuit Court in Accra has delivered a landmark ruling demonstrating how long-term relationships, when coupled with reliance and contribution, can crystallize into enforceable proprietary rights, granting a woman a beneficial interest in a two-bedroom apartment at East Legon after an 11-year relationship.

The decision, delivered on 16 February 2026 by Her Ladyship Justice Sedinam Awo Kwadam, arose from a dispute between Vince Kontoh and Ernestina Torgbor, where the Plaintiff sought to eject the Defendant from a property located at Nortey Loop, East Legon.

However, the Court dismissed the ejectment claim in its entirety, holding that the Defendant was not a mere licensee but had acquired a beneficial interest in the property through a constructive trust, grounded in her substantial contributions and reliance on a promise of marriage.

At the center of the dispute was the question of whether the parties’ relationship—spanning over a decade—gave rise to enforceable legal rights. The Court found that the relationship went beyond mere cohabitation, noting clear and overt acts that elevated it into a binding engagement.

Evidence before the Court showed that the Defendant had acted to her detriment in reliance on the Plaintiff’s promise to marry her. She rejected other suitors for 11 years, supervised the construction of the East Legon apartment, and even secured a building permit issued in the joint names of “Mr. and Mrs. Vince Kontoh,” reflecting a shared intention to treat the property as a matrimonial home.

Further, the Defendant relocated permanently to the property at the Plaintiff’s request, relinquishing her prior accommodation and independence, while also providing domestic, emotional, and psychological support throughout the relationship.

The Court held that these acts collectively established detrimental reliance, a key ingredient in equity, and justified the imposition of a constructive trust to prevent what it described as unconscionable conduct.

In a decisive finding, the Court ruled that the Plaintiff’s termination of the relationship in 2024, coupled with attempts to eject the Defendant, constituted a repudiation of a binding promise to marry. The Court emphasized that such a promise need not be express but may be inferred from conduct.

Accordingly, judgment was entered for the Defendant on her counterclaim for breach of promise to marry, with the Court awarding damages totaling GH¢200,000—including GH¢50,000 for emotional distress and GH¢150,000 for compensatory damages arising from her reliance.

Beyond monetary relief, the Court declared that the Defendant has a beneficial interest in the East Legon apartment and is entitled to remain in occupation. It further directed the parties to take steps to regularize her interest in the property.

In addition, the Defendant was granted continued use of a Toyota RAV4 vehicle and an industrial blender, while costs of GH¢20,000 were awarded against the Plaintiff.