Ansah & Anor Vrs Ansah [2022] GHASC 46 (20 July 2022)

Ansah & Anor Vrs Ansah [2022] GHASC 46 (20 July 2022)

The properties in dispute were validly acquired and gifted by the late Agnes Temah to the plaintiffs, creating a presumption of advancement which was not rebutted by the defendant. The properties do not form part of the estate of the deceased and are not family properties. The 1st plaintiff is the lawful successor to the cocoa farms of Afari Mintah. The defendant failed to prove her counterclaim or any error in the concurrent findings of the lower courts. The appeal is without merit and is dismissed.

Citation
[2022] GHASC 46
Parties
1st Plaintiff/respondent/respondent: David Okae Ansah (A.K.A. David Okae); 2nd Plaintiff/respondent/respondent: Eva Ansah (per her lawful attorney David Okae); Defendant/appellant/appellant: Comfort Ansah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 July 2022
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment of the Court of Appeal affirmed.
Legal Topics
Presumption of Advancement, Gift Inter Vivos, Customary Succession, Estoppel by Conduct, Concurrent Findings, Burden of Proof
Source Language
English
Property Law Succession Law Family Law Presumption of Advancement Gift Inter Vivos Customary Succession Estoppel by Conduct Concurrent Findings +1 more

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Parties

David Okae Ansah (A.K.A. David Okae)

1st Plaintiff/respondent/respondent

Eva Ansah (per her lawful attorney David Okae)

2nd Plaintiff/respondent/respondent

Comfort Ansah

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the properties in dispute were valid gifts to the plaintiffs and excluded from the estate of the deceased mother.
  2. 2 Whether the presumption of advancement applies to the acquisition of the properties in the names of the plaintiffs.
  3. 3 Whether the defendant rebutted the presumption of advancement.

Ratio Decidendi

The properties in dispute were validly acquired and gifted by the late Agnes Temah to the plaintiffs, creating a presumption of advancement which was not rebutted by the defendant. The properties do not form part of the estate of the deceased and are not family properties. The 1st plaintiff is the lawful successor to the cocoa farms of Afari Mintah. The defendant failed to prove her counterclaim or any error in the concurrent findings of the lower courts. The appeal is without merit and is dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal affirmed.

Orders

  • Plaintiffs declared owners of Plot No. 12 Block XXIII, New Amakom Extension, Kumasi and Plot No. 10 Block 'B' Asokwa Residential Area, Kumasi as gifts from their late mother, not forming part of her estate.
  • Recovery of possession of the said buildings by the plaintiffs.