MERCY BLANC AIDOO -VRS ADMINSTRATOR OF ESTATES OF SELWYN BOYE [2022] GHACA 80 (7 July 2022)

MERCY BLANC AIDOO -VRS ADMINSTRATOR OF ESTATES OF SELWYN BOYE [2022] GHACA 80 (7 July 2022)

The appellant failed to prove a valid customary marriage to the deceased, as required by law, and did not provide sufficient evidence such as witnesses or registration. The evidence established that the appellant forged business documents, misrepresented ownership, and collected funds due to the estate, amounting to...

Source-derived case information.

Citation
[2022] GHACA 80
Parties
Plaintiff/appellant: Mercy Blanc Aidoo; Defendant/respondent: The Administrator of the Estate of Selwyn Okoe Boye
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
7 July 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Customary Marriage, Estate Administration, Fraud, Burden of Proof, Appeals Procedure
Source Language
english
Succession Family Law Civil Procedure Customary Marriage Estate Administration Fraud Burden of Proof Appeals Procedure

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Parties

Mercy Blanc Aidoo

Plaintiff/appellant

The Administrator of the Estate of Selwyn Okoe Boye

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was validly married to the deceased under customary law
  2. 2 Whether the appellant committed fraud by forging business documents and collecting funds due to the deceased's estate

Ratio Decidendi

The appellant failed to prove a valid customary marriage to the deceased, as required by law, and did not provide sufficient evidence such as witnesses or registration. The evidence established that the appellant forged business documents, misrepresented ownership, and collected funds due to the estate, amounting to fraud. The lower court's judgment was supported by the weight of evidence and applicable legal principles.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the lower court affirmed
  • Costs of GHC 10,000 awarded to respondents