Marbell & Anor Vrs Marbell [2020] GHASC 139 (28 November 2020)

Marbell & Anor Vrs Marbell [2020] GHASC 139 (28 November 2020)

The Supreme Court held that the non-compliance with the rule requiring leave to serve the writ out of jurisdiction was a mere irregularity and did not render the proceedings void, as the subject matter was within Ghana and the appellant submitted to the jurisdiction. The appellant failed to prove a valid donatio mortis causa due to lack of clear evidence and delivery of the subject matter. The appeal was dismissed and the Court of Appeal's decision affirmed.

Citation
[2020] GHASC 139
Parties
Plaintiff/appellant/respondent: Leslie Nartey Marbell; Plaintiff/appellant/respondent: Dudley Nartey Marbell; Defendant/respondent/appellant: Salamatu Marbell
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 November 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Donatio Mortis Causa, Letters of Administration, Jurisdiction, Customary Law Wills
Source Language
English
Succession Law Property Law Civil Procedure Donatio Mortis Causa Letters of Administration Jurisdiction Customary Law Wills

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Parties

Leslie Nartey Marbell

Plaintiff/appellant/respondent

Dudley Nartey Marbell

Plaintiff/appellant/respondent

Salamatu Marbell

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the writ of summons was void for lack of leave to serve out of jurisdiction
  2. 2 Whether the evidence established a valid donatio mortis causa

Ratio Decidendi

The Supreme Court held that the non-compliance with the rule requiring leave to serve the writ out of jurisdiction was a mere irregularity and did not render the proceedings void, as the subject matter was within Ghana and the appellant submitted to the jurisdiction. The appellant failed to prove a valid donatio mortis causa due to lack of clear evidence and delivery of the subject matter. The appeal was dismissed and the Court of Appeal's decision affirmed.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • Appellant's claims dismissed