Luca and Another Vrs Samir and Others [2021] GHASC 4 (21 April 2021)

Luca and Another Vrs Samir and Others [2021] GHASC 4 (21 April 2021)

Plaintiffs, as heirs under Italian law, have locus standi to sue for their mother's property in Ghana without letters of administration. The power of attorney executed before a Notary Public satisfies the attestation requirement under Ghanaian law and is valid.

Citation
[2021] GHASC 4
Parties
Plaintiff/appellant/respondent: Florini Luca; Plaintiff/appellant/respondent: Florini Alesandro; Defendant/respondent/appellant: Mr. Samir; Defendant/respondent/appellant: Divestiture Implementation Committee; Defendant/respondent/appellant: Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 April 2021
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
appeal dismissed
Legal Topics
Capacity to Sue, Letters of Administration, Validity of Power of Attorney, Choice of Law, Devolution of Property
Source Language
English
Property Law Conflict of Laws Civil Procedure Capacity to Sue Letters of Administration Validity of Power of Attorney Choice of Law Devolution of Property

Case Brief

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Parties

Florini Luca

Plaintiff/appellant/respondent

Florini Alesandro

Plaintiff/appellant/respondent

Mr. Samir

Defendant/respondent/appellant

Divestiture Implementation Committee

Defendant/respondent/appellant

Attorney General

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether plaintiffs require letters of administration under Ghanaian law to sue for property of a deceased Italian national
  2. 2 Whether the power of attorney used to commence the action was valid under Ghanaian law

Ratio Decidendi

Plaintiffs, as heirs under Italian law, have locus standi to sue for their mother's property in Ghana without letters of administration. The power of attorney executed before a Notary Public satisfies the attestation requirement under Ghanaian law and is valid.

Court Disposition

appeal dismissed

Orders

  • Case remitted to High Court Sekondi for trial of remaining issues.