Marbell and Another Vrs Marbell [2020] GHASC 54 (28 October 2020)

Marbell and Another Vrs Marbell [2020] GHASC 54 (28 October 2020)

The Supreme Court held that non-compliance with the rule requiring leave to issue a writ for service out of jurisdiction was a procedural irregularity, not a nullity, as the subject matter was within Ghana and the appellant submitted to jurisdiction. The evidence did not establish a valid donatio mortis causa as there was no clear proof of a deathbed gift or delivery of the essential indicia of title. The appeal was dismissed and the Court of Appeal's decision affirmed.

Citation
[2020] GHASC 54
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 October 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Donatio Mortis Causa, Letters of Administration, Jurisdiction, Customary Law Will
Source Language
English
Succession Law Civil Procedure Donatio Mortis Causa Letters of Administration Jurisdiction Customary Law Will

Case Brief

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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 is void and all proceedings under it are void
  2. 2 Whether the evidence established donatio mortis causa

Ratio Decidendi

The Supreme Court held that non-compliance with the rule requiring leave to issue a writ for service out of jurisdiction was a procedural irregularity, not a nullity, as the subject matter was within Ghana and the appellant submitted to jurisdiction. The evidence did not establish a valid donatio mortis causa as there was no clear proof of a deathbed gift or delivery of the essential indicia of title. 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