Welbeck Vrs Okaikai Okine [2014] GHASC 158 (7 May 2014)

Welbeck Vrs Okaikai Okine [2014] GHASC 158 (7 May 2014)

The immediate family of the deceased, as the only surviving members, had the legal right under matrilineal customary law to sell the self-acquired property of the deceased intestate without the consent of the wider family. The wider family had no enforceable interest in the property after its valid sale by the immediate family.

Citation
[2014] GHASC 158
Parties
Plaintiff/respondent/respondent: Grace Ayeley Welbeck; Defendant/appellant/appellant: Grace Okaikai Okine
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 May 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed; judgments of the Court of Appeal and High Court set aside; plaintiff's action dismissed.
Legal Topics
Matrilineal Inheritance, Intestate Succession, Alienation of Self Acquired Property, Family Property Rights
Source Language
English
Succession Law Customary Law Matrilineal Inheritance Intestate Succession Alienation of Self Acquired Property Family Property Rights

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Parties

Grace Ayeley Welbeck

Plaintiff/respondent/respondent

Grace Okaikai Okine

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the sale of House No. A 303/7 by the immediate family of the deceased to the defendant was valid under matrilineal customary law
  2. 2 Whether the wider family had any enforceable interest in the property after its sale by the immediate family

Ratio Decidendi

The immediate family of the deceased, as the only surviving members, had the legal right under matrilineal customary law to sell the self-acquired property of the deceased intestate without the consent of the wider family. The wider family had no enforceable interest in the property after its valid sale by the immediate family.

Court Disposition

Appeal allowed; judgments of the Court of Appeal and High Court set aside; plaintiff's action dismissed.

Orders

  • Judgments of the Court of Appeal and High Court set aside
  • Plaintiff's action dismissed