EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 6 (9 May 2024)

EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 6 (9 May 2024)

The Defendant failed to establish a valid customary gift of the disputed property due to inconsistencies and lack of credible evidence; the trial court's finding that the property is family property is supported by the record.

Citation
EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 6 (9 May 2024)
Parties
Plaintiff/respondent: Emmanuel Tetteh (substituted by Edward Martey Tetteh); 1st Defendant: James Sanka Tetteh; 2nd Defendant: Jonathan Darpoh; 3rd Defendant/appellant: Aaron Darpoh
Court
ghaca
Jurisdiction
Ghana
Judgment Date
9 May 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed; judgment of High Court affirmed
Legal Topics
Customary Gift, Family Property, Devolution of Property, Validity of Testamentary Devise
Source Language
eng
Property Law Family Law Succession Customary Gift Family Property Devolution of Property Validity of Testamentary Devise

Case Brief

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Parties

Emmanuel Tetteh (substituted by Edward Martey Tetteh)

Plaintiff/respondent

James Sanka Tetteh

1st Defendant

Jonathan Darpoh

2nd Defendant

Aaron Darpoh

3rd Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the disputed property was validly gifted by Sophia Morkor Tetteh to Robert Kodi Darpoh under customary law
  2. 2 Whether the devise of the property by Robert Kodi Darpoh in his will was valid

Ratio Decidendi

The Defendant failed to establish a valid customary gift of the disputed property due to inconsistencies and lack of credible evidence; the trial court's finding that the property is family property is supported by the record.

Court Disposition

appeal dismissed; judgment of High Court affirmed

Orders

  • Disputed property declared family property of the Tetteh family
  • Devise of property by Robert Kodi Darpoh in his will declared void