EDWARD FYNN-SACKEY VRS IRENE FYNN OPOKU & ANOR (H1/218/2021) [2023] GHACA 82 (19 January 2023)

EDWARD FYNN-SACKEY VRS IRENE FYNN OPOKU & ANOR (H1/218/2021) [2023] GHACA 82 (19 January 2023)

The presumption of advancement in favour of the appellant was not rebutted by the respondents, as they failed to provide strong, contemporaneous evidence of a contrary intention by the deceased at the time of the conveyance. The trial court erred in relying on subsequent acts and circumstances to rebut the presumption.

Source-derived case information.

Citation
[2023] GHACA 82
Parties
Plaintiff/appellant: Edward Fynn-Sackey; Defendant/respondent: Irene Fynn Opoku; Defendant/respondent: Raphael Fynn-Sackey
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
19 January 2023
Case Number
H1/218/2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; trial court judgment set aside; judgment entered for appellant
Legal Topics
Presumption of Advancement, Gifts Inter Vivos, Burden of Proof, Rebuttable Presumption
Source Language
english
Succession Property Law Presumption of Advancement Gifts Inter Vivos Burden of Proof Rebuttable Presumption

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edward Fynn-Sackey

Plaintiff/appellant

Irene Fynn Opoku

Defendant/respondent

Raphael Fynn-Sackey

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the presumption of advancement applies to property acquired by a father in the name of his son
  2. 2 Whether the presumption of advancement was effectively rebutted by the respondents

Ratio Decidendi

The presumption of advancement in favour of the appellant was not rebutted by the respondents, as they failed to provide strong, contemporaneous evidence of a contrary intention by the deceased at the time of the conveyance. The trial court erred in relying on subsequent acts and circumstances to rebut the presumption.

Court Disposition

appeal allowed; trial court judgment set aside; judgment entered for appellant

Orders

  • Declaration that H/No J81 Buade, Nungua was intended as a gift to the appellant and does not form part of the deceased's estate
  • Costs of GH¢10,000.00 awarded to appellant