FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021) [2023] GHACA 171 (19 January 2023)

FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021) [2023] GHACA 171 (19 January 2023)

The respondents failed to adduce cogent and sufficient evidence of any conduct or declarations by the late Emmanuel Fynn-Sackey before or at the time of the conveyance to rebut the presumption of advancement; therefore, the property was a gift to the appellant and does not form part of the deceased's estate.

Source-derived case information.

Citation
[2023] GHACA 171
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
Legal Topics
Presumption of Advancement, Gifts Inter Vivos, Burden of Proof, Rebuttable Presumption, Conveyancing, Estate Administration
Source Language
english
Succession Property Law Presumption of Advancement Gifts Inter Vivos Burden of Proof Rebuttable Presumption Conveyancing Estate Administration

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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 in favour of the appellant was rebutted on the evidence
  2. 2 Whether the property H/No J81 Buade, Nungua forms part of the estate of the late Emmanuel Fynn-Sackey

Ratio Decidendi

The respondents failed to adduce cogent and sufficient evidence of any conduct or declarations by the late Emmanuel Fynn-Sackey before or at the time of the conveyance to rebut the presumption of advancement; therefore, the property was a gift to the appellant and does not form part of the deceased's estate.

Court Disposition

appeal allowed

Orders

  • Judgment of the trial court set aside
  • Declaration that H/No J81 Buade, Nungua is a gift to the appellant and does not form part of the estate of the deceased