Aku Vrs In The Matter Of The Estate Of Robert Agbenu(deceased) and In The Matter Of Godwin Agbenu [2009] GHASC 18 (19 June 2009)

Aku Vrs In The Matter Of The Estate Of Robert Agbenu(deceased) and In The Matter Of Godwin Agbenu [2009] GHASC 18 (19 June 2009)

Neither the trial court nor the Court of Appeal properly evaluated the evidence or resolved the factual issues, and confusion in the proceedings makes a retrial necessary.

Citation
[2009] GHASC 18
Parties
Defendant/respondent/appellant: Gladys Aku Agbenu; Plaintiff/appellant/respondent: Godwin Agbenu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 June 2009
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Court of Appeal
Outcome
appeal allowed; judgments of Court of Appeal and Circuit Court set aside; retrial ordered
Legal Topics
Intestate Succession, Title to Land, Retrial Procedure, Evidence Evaluation
Source Language
English
Succession Land Law Intestate Succession Title to Land Retrial Procedure Evidence Evaluation

Case Brief

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Parties

Gladys Aku Agbenu

Defendant/respondent/appellant

Godwin Agbenu

Plaintiff/appellant/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Court of Appeal

Legal Issues

  1. 1 Whether the disputed property forms part of the estate of Robert Agbenu (deceased)
  2. 2 Whether the defendant/respondent is the lawful owner of the property
  3. 3 Whether the lower courts properly evaluated the evidence

Ratio Decidendi

Neither the trial court nor the Court of Appeal properly evaluated the evidence or resolved the factual issues, and confusion in the proceedings makes a retrial necessary.

Court Disposition

appeal allowed; judgments of Court of Appeal and Circuit Court set aside; retrial ordered

Orders

  • Case remitted for retrial before a differently constituted Circuit Court, Accra