MENSAH AND OTHERS VRS. AFRIYIE AND OTHERS (C12/24/2020) [2024] GHAHC 169 (26 January 2024)

MENSAH AND OTHERS VRS. AFRIYIE AND OTHERS (C12/24/2020) [2024] GHAHC 169 (26 January 2024)

The court found, on a balance of probabilities, that Yaa Serwaa lawfully gifted her room to the plaintiffs' deceased father, who then devised it to the plaintiffs. The defendants' claim based on Yaa Serwaa dying childless was rejected, as the devise and gift inter vivos were valid and not subject to family revocation. Plaintiffs are entitled to possession; defendants' counterclaims fail.

Citation
MENSAH AND OTHERS VRS. AFRIYIE AND OTHERS (C12/24/2020) [2024] GHAHC 169 (26 January 2024)
Parties
Plaintiff: Janet Mensah; Plaintiff: Gifty Mensah Bonsu; Plaintiff: Doris Mensah Bonsu; Defendant: Akua Afriyie; Defendant: Ataa Kumaa; Defendant: Ataa Panyin
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 January 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Devise, Gift Inter Vivos, Will Interpretation, Counterclaim, Burden of Proof
Source Language
eng
Property Law Succession Law Family Law Devise Gift Inter Vivos Will Interpretation Counterclaim Burden of Proof

Case Brief

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Parties

Janet Mensah

Plaintiff

Gifty Mensah Bonsu

Plaintiff

Doris Mensah Bonsu

Plaintiff

Akua Afriyie

Defendant

Ataa Kumaa

Defendant

Ataa Panyin

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to possession of the disputed room based on a gift inter vivos and devise in a will
  2. 2 Whether the defendants are entitled to their counterclaim for recovery of possession and ejectment
  3. 3 Whether Yaa Serwaa lawfully gifted her room to the plaintiffs' deceased father

Ratio Decidendi

The court found, on a balance of probabilities, that Yaa Serwaa lawfully gifted her room to the plaintiffs' deceased father, who then devised it to the plaintiffs. The defendants' claim based on Yaa Serwaa dying childless was rejected, as the devise and gift inter vivos were valid and not subject to family revocation. Plaintiffs are entitled to possession; defendants' counterclaims fail.

Court Disposition

judgment for plaintiffs

Orders

  • Order for recovery of possession of one room in house number Plot 6, Block XVI, Kwadaso, Kumasi, in favour of plaintiffs
  • Counterclaims of defendants dismissed