Amokumah Vrs Kum and Another (A1/03/2022) [2024] GHAHC 14 (22 April 2024)

Amokumah Vrs Kum and Another (A1/03/2022) [2024] GHAHC 14 (22 April 2024)

The appellant failed to discharge the burden of proof that the land on which House No. KK66 stands was self-acquired by her late husband. The evidence supported the trial court’s finding that the property was family land, and improvements by the deceased did not convert it to self-acquired property. The appellant, as a spouse and beneficiary, had capacity to sue, but her claim on the house failed on the merits. The trial court’s findings were supported by the evidence and not against the weight of evidence.

Citation
Amokumah Vrs Kum and Another (A1/03/2022) [2024] GHAHC 14 (22 April 2024)
Parties
Plaintiff/appellant: Aba Amokumah; Defendant/respondent: Kobina Kum; Defendant/respondent: Hannah Arthur
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 April 2024
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court to High Court
Outcome
Appeal dismissed; trial court judgment affirmed.
Legal Topics
Family Property, Self Acquired Property, Burden of Proof, Capacity to Sue, Intestate Succession, Appellate Review
Source Language
eng
Land Law Customary Law Succession Law Family Property Self Acquired Property Burden of Proof Capacity to Sue Intestate Succession +1 more

Case Brief

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Parties

Aba Amokumah

Plaintiff/appellant

Kobina Kum

Defendant/respondent

Hannah Arthur

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court to High Court

Legal Issues

  1. 1 Whether the land on which House No. KK66 stands is self-acquired property of the plaintiff’s husband or family property
  2. 2 Whether the plaintiff/appellant had capacity to sue in respect of the estate of her deceased husband
  3. 3 Whether the trial court’s findings were against the weight of evidence

Ratio Decidendi

The appellant failed to discharge the burden of proof that the land on which House No. KK66 stands was self-acquired by her late husband. The evidence supported the trial court’s finding that the property was family land, and improvements by the deceased did not convert it to self-acquired property. The appellant, as a spouse and beneficiary, had capacity to sue, but her claim on the house failed on the merits. The trial court’s findings were supported by the evidence and not against the weight of evidence.

Court Disposition

Appeal dismissed; trial court judgment affirmed.

Orders

  • Appellant’s appeal is dismissed in its entirety.
  • Decision of the trial court is affirmed as sound judgment.