Nyarko Vrs Tetteh and Others [2019] GHASC 87 (11 December 2019)

Nyarko Vrs Tetteh and Others [2019] GHASC 87 (11 December 2019)

The Supreme Court found that the 2nd and 3rd Defendants engaged in fraudulent conduct by forging documents and giving false testimony to deprive the Plaintiff and her children of their inheritance. The trial court's findings of fraud were supported by the evidence, and the Court of Appeal erred in overturning them. Failure to plead fraud was not fatal in the circumstances, as the evidence of fraud emerged during trial and was not objected to. The sixteen stores were constructed and owned by the testator, not the Defendants.

Citation
[2019] GHASC 87
Parties
Plaintiff/respondent/appellant: Joana Nyarko; 1st Defendant/appellant/respondent: Maxwell Tetteh; 2nd Defendant/appellant/respondent: Beatrice Tetteh; 3rd Defendant/appellant/respondent: Kwesi Affram
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 December 2019
Procedural Posture
Civil Appeal / Final Appeal (supreme Court)
Outcome
appeal allowed
Legal Topics
Fraud, Testamentary Capacity, Ownership of Estate Property, Pleading Requirements, Land Title Fraud
Source Language
English
Probate and Administration Property Law Fraud Testamentary Capacity Ownership of Estate Property Pleading Requirements Land Title Fraud

Case Brief

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Parties

Joana Nyarko

Plaintiff/respondent/appellant

Maxwell Tetteh

1st Defendant/appellant/respondent

Beatrice Tetteh

2nd Defendant/appellant/respondent

Kwesi Affram

3rd Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appeal (supreme Court)

Legal Issues

  1. 1 Whether Exhibits 'I', 'C' and 'E' and the conduct of the 2nd and 3rd Defendants were fraudulent
  2. 2 Whether the testator had testamentary capacity for the sixteen stores on House No.229/16, Darkuman-Kokompe, Accra
  3. 3 Whether the sixteen stores were constructed by the testator or by the 2nd and 3rd Defendants and their deceased brother

Ratio Decidendi

The Supreme Court found that the 2nd and 3rd Defendants engaged in fraudulent conduct by forging documents and giving false testimony to deprive the Plaintiff and her children of their inheritance. The trial court's findings of fraud were supported by the evidence, and the Court of Appeal erred in overturning them. Failure to plead fraud was not fatal in the circumstances, as the evidence of fraud emerged during trial and was not objected to. The sixteen stores were constructed and owned by the testator, not the Defendants.

Court Disposition

appeal allowed

Orders

  • Findings and orders of the trial High Court restored in their entirety
  • Cancellation of Exhibits 'C', 'E', and 'I'