Dodoo Vrs Mensah [2020] GHASC 31 (5 February 2020)

Dodoo Vrs Mensah [2020] GHASC 31 (5 February 2020)

The Supreme Court found the plaintiff had capacity as surviving executrix and beneficiary under the will, the concurrent findings of fact by the lower courts were supported by credible evidence of long-standing overt acts of ownership and possession by the plaintiff's family, and the defendants' evidence was inconsistent and unconvincing. The appeal was dismissed and the lower courts' decisions affirmed.

Citation
[2020] GHASC 31
Parties
Plaintiff/respondent/respondent: Comfort Offeibea Dodoo (substituted by Vivian Ankrah); Defendants/appellants/appellants: Nii Amartey Mensah (substituted by David Obodai & Ors.)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 February 2020
Procedural Posture
Civil Appeal / Final Appellate (supreme Court) Judgment
Outcome
appeal dismissed; lower court judgment affirmed
Legal Topics
Declaration of Title to Land, Capacity to Sue, Probate and Administration, Damages for Trespass, Cancellation of Land Registration, Perpetual Injunction, Assessment of Traditional Evidence
Source Language
English
Land Law Succession Law Civil Procedure Declaration of Title to Land Capacity to Sue Probate and Administration Damages for Trespass Cancellation of Land Registration +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 4 Authorities cited 37 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Comfort Offeibea Dodoo (substituted by Vivian Ankrah)

Plaintiff/respondent/respondent

Nii Amartey Mensah (substituted by David Obodai & Ors.)

Defendants/appellants/appellants

Procedural Posture

Civil Appeal / Final Appellate (supreme Court) Judgment

Legal Issues

  1. 1 Whether the plaintiff had capacity to institute the action as executrix and beneficiary under the will
  2. 2 Whether the concurrent findings of fact by the lower courts were supported by the evidence
  3. 3 Whether the plaintiff is entitled to declaration of title, damages, cancellation of registration, and injunction

Ratio Decidendi

The Supreme Court found the plaintiff had capacity as surviving executrix and beneficiary under the will, the concurrent findings of fact by the lower courts were supported by credible evidence of long-standing overt acts of ownership and possession by the plaintiff's family, and the defendants' evidence was inconsistent and unconvincing. The appeal was dismissed and the lower courts' decisions affirmed.

Court Disposition

appeal dismissed; lower court judgment affirmed

Orders

  • Plaintiff declared entitled to the disputed land
  • Damages of GHc50,000.00 awarded to plaintiff for trespass