Agyekum Vrs Bio [2016] GHASC 7 (13 April 2016)

Agyekum Vrs Bio [2016] GHASC 7 (13 April 2016)

The plaintiff established on a balance of probabilities that the late Opanin Yaw Manu was the owner of the disputed property by consistent acts of ownership, occupation, payment of rates, and documentary evidence (site plan), which were not rebutted by the defendant. The property is self-acquired and subject to the Intestate Succession Law, 1985 (PNDCL 111).

Citation
[2016] GHASC 7
Parties
Plaintiff/appellant/respondent: Ofori Agyekum (for himself & on behalf of his brothers & sisters of Mampong Ashanti); Defendant/respondent/appellant: Madam Akua Bio (deceased), substituted by Agartha Amoah (customary successor of Akua Bio, Mamponteng Ashanti)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 April 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed; judgment of Court of Appeal upheld
Legal Topics
Intestate Succession, Title to Land, Customary Grants, Burden of Proof, Family Property Vs Self Acquired Property
Source Language
English
Succession Law Land Law Customary Law Intestate Succession Title to Land Customary Grants Burden of Proof Family Property Vs Self Acquired Property

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Parties

Ofori Agyekum (for himself & on behalf of his brothers & sisters of Mampong Ashanti)

Plaintiff/appellant/respondent

Madam Akua Bio (deceased), substituted by Agartha Amoah (customary successor of Akua Bio, Mamponteng Ashanti)

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether H/No. EB 26 (Plot 11C, Block F, Mamponteng-Ashanti) is the self-acquired property of the late Opanin Yaw Manu or family property
  2. 2 Whether the distribution of the property is governed by the Intestate Succession Law, 1985 (PNDCL 111)
  3. 3 Whether the plaintiff established ownership on a balance of probabilities

Ratio Decidendi

The plaintiff established on a balance of probabilities that the late Opanin Yaw Manu was the owner of the disputed property by consistent acts of ownership, occupation, payment of rates, and documentary evidence (site plan), which were not rebutted by the defendant. The property is self-acquired and subject to the Intestate Succession Law, 1985 (PNDCL 111).

Court Disposition

appeal dismissed; judgment of Court of Appeal upheld

Orders

  • Declaration that H/No. EB 26 (Plot 11C, Block F, Mamponteng-Ashanti) is the self-acquired property of Opanin Yaw Manu (deceased)
  • Distribution of the property and estate to be governed by Intestate Succession Law, 1985 (PNDCL 111)