Ferguson Vrs Imbeah and Others [2018] GHASC 45 (11 July 2018)

Ferguson Vrs Imbeah and Others [2018] GHASC 45 (11 July 2018)

The evidence on record, including unchallenged documentary exhibits and testimony of acknowledged family members, established the existence and ownership of the Asanawoma-Okrah-Ehuren Kona family. The appellant failed to demonstrate lapses in the lower courts' evaluation of evidence or to support his claim of headship. The concurrent judgments of the lower courts were supported by the preponderance of probabilities and correct application of customary law distinctions.

Citation
[2018] GHASC 45
Parties
Plaintiff/appellant/respondent: Ebusuapanyin James Boye Ferguson (substituted by Afua Amerley); 1st Defendant/respondent/appellant (deceased): I. K. Imbeah; 2nd Defendant/respondent/appellant (deceased): V. A. Armah; 3rd Defendant/respondent/appellant: Yaw Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 July 2018
Procedural Posture
Civil Appeal / Final Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Family Property, Succession, Clan Vs Family Distinction, Burden of Proof, Evidence Evaluation
Source Language
English
Customary Law Property Law Family Property Succession Clan Vs Family Distinction Burden of Proof Evidence Evaluation

Case Brief

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Parties

Ebusuapanyin James Boye Ferguson (substituted by Afua Amerley)

Plaintiff/appellant/respondent

I. K. Imbeah

1st Defendant/respondent/appellant (deceased)

V. A. Armah

2nd Defendant/respondent/appellant (deceased)

Yaw Mensah

3rd Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the Asanawoma-Okrah-Ehuren Kona family existed and owned property in Mankessim
  2. 2 Whether the appellant was head of the family and entitled to the disputed properties
  3. 3 Whether the lower courts properly evaluated the evidence and applied the correct legal principles

Ratio Decidendi

The evidence on record, including unchallenged documentary exhibits and testimony of acknowledged family members, established the existence and ownership of the Asanawoma-Okrah-Ehuren Kona family. The appellant failed to demonstrate lapses in the lower courts' evaluation of evidence or to support his claim of headship. The concurrent judgments of the lower courts were supported by the preponderance of probabilities and correct application of customary law distinctions.

Court Disposition

appeal dismissed

Orders

  • Judgment of Court of Appeal affirmed
  • Reliefs 1, 4, 6, 7 and 8 granted against appellant