ANSAH AND ANOTHER VRS. ANSAH (J4/26/2022) [2022] GHASC 114 (20 July 2022)

ANSAH AND ANOTHER VRS. ANSAH (J4/26/2022) [2022] GHASC 114 (20 July 2022)

The Supreme Court held that the properties in dispute were valid gifts to the plaintiffs by their late mother, invoking the presumption of advancement, which the defendant failed to rebut. The properties did not form part of Agnes Temah's estate. The 1st plaintiff succeeded to the cocoa farms as customary successor of Afari Mintah. The defendant's counterclaim was unsupported by evidence. The findings of the lower courts were affirmed as being supported by the record.

Citation
[2022] GHASC 114
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
Case Number
J4/26/2022
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment of 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 Evidence Presumption of Advancement Gift Inter Vivos Customary Succession Estoppel by Conduct Concurrent Findings +1 more

Case Brief

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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 Agnes Temah
  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 Supreme Court held that the properties in dispute were valid gifts to the plaintiffs by their late mother, invoking the presumption of advancement, which the defendant failed to rebut. The properties did not form part of Agnes Temah's estate. The 1st plaintiff succeeded to the cocoa farms as customary successor of Afari Mintah. The defendant's counterclaim was unsupported by evidence. The findings of the lower courts were affirmed as being supported by the record.

Court Disposition

Appeal dismissed; judgment of 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.
  • Recovery of possession of the said buildings by the plaintiffs.