EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 5 (9 May 2024)

EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 5 (9 May 2024)

The 3rd Defendant failed to prove a valid customary gift of the disputed property to Robert Kodi Darpoh due to inconsistencies and lack of credible evidence; the property remains family property of the Tetteh family.

Citation
EMMANUE; TETTEH -VRS- JAMES SANKA TETTEH & 2 OTHERS [2024] GHACA 5 (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
Family Property, Customary Gift, Devolution of Property, Validity of Testamentary Devise
Source Language
eng
Property Law Succession Law Customary Law Family Property Customary Gift 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 3rd Defendant failed to prove a valid customary gift of the disputed property to Robert Kodi Darpoh due to inconsistencies and lack of credible evidence; the property remains family property of the Tetteh family.

Court Disposition

appeal dismissed; judgment of High Court affirmed

Orders

  • Appeal dismissed
  • High Court judgment affirmed