KANTANKA & ANOR VRS MENSAH & ANOR28 (J4/49/2023) [2024] GHASC 4 (28 February 2024)

KANTANKA & ANOR VRS MENSAH & ANOR28 (J4/49/2023) [2024] GHASC 4 (28 February 2024)

The Supreme Court found that the concurrent findings of the trial court and Court of Appeal were supported by the evidence and law. The evidence of DW1, the wife of the late Kwasi Takyi, was preferred as credible and directly relevant to the history and acquisition of the disputed properties. Plaintiffs failed to discharge the burden of proof to overturn the findings. The award of damages for trespass was supported by evidence and not excessive. The appeal was dismissed and the lower court's judgment affirmed.

Citation
KANTANKA & ANOR VRS MENSAH & ANOR28 (J4/49/2023) [2024] GHASC 4 (28 February 2024)
Parties
Plaintiff/appellant: Nana Sarfo Kantanka (Head of Oyoko Family of Wiamoase, Ashanti); Plaintiff/appellant: Paul Oppong; Defendant/respondent: Takyi Mensah; Defendant/respondent: Diana Nyamekye
Court
ghasc
Jurisdiction
Ghana
Judgment Date
28 February 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed; judgment of Court of Appeal affirmed
Legal Topics
Declaration of Title, Customary Gift, Family Property, Burden of Proof, Damages for Trespass, Injunction, Appeals Against Concurrent Findings
Source Language
eng
Property Law Succession Law Customary Law Declaration of Title Customary Gift Family Property Burden of Proof Damages for Trespass +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nana Sarfo Kantanka (Head of Oyoko Family of Wiamoase, Ashanti)

Plaintiff/appellant

Paul Oppong

Plaintiff/appellant

Takyi Mensah

Defendant/respondent

Diana Nyamekye

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the disputed properties are family property or the personal property of the late Kwasi Takyi
  2. 2 Whether the lower courts erred in their findings regarding the ownership and gifting of the properties
  3. 3 Whether damages for trespass awarded to the defendants were excessive or unsupported by evidence

Ratio Decidendi

The Supreme Court found that the concurrent findings of the trial court and Court of Appeal were supported by the evidence and law. The evidence of DW1, the wife of the late Kwasi Takyi, was preferred as credible and directly relevant to the history and acquisition of the disputed properties. Plaintiffs failed to discharge the burden of proof to overturn the findings. The award of damages for trespass was supported by evidence and not excessive. The appeal was dismissed and the lower court's judgment affirmed.

Court Disposition

appeal dismissed; judgment of Court of Appeal affirmed

Orders

  • All grounds of appeal dismissed as devoid of merit
  • Judgment of the Court of Appeal affirmed