Oduro and Others Vrs Owusu [2015] GHASC 120 (29 July 2015)

Oduro and Others Vrs Owusu [2015] GHASC 120 (29 July 2015)

The sale of the property by Augustus Yaw Oduro was invalid as he had no legal authority after revocation of his letters of administration. The date error on the conveyance was a curable misdescription, not fraud, but did not validate the transaction. The appellant is not an innocent purchaser for value without notice. However, the payment made by the appellant to redeem the mortgage benefited the estate and must be reimbursed with interest.

Citation
[2015] GHASC 120
Parties
Plaintiff/respondent: Kwabena Ofori Oduro; Plaintiff/respondent: Mary Oduro; Plaintiff/respondent: Agnes Oduro; Defendant/appellant: Isaac Kwasi Owusu (substituted by Adu Bafour)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 July 2015
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with partial relief
Legal Topics
Letters of Administration, Fraudulent Conveyance, Mortgage Redemption, Innocent Purchaser, Revocation of Grant
Source Language
English
Succession Property Law Civil Procedure Letters of Administration Fraudulent Conveyance Mortgage Redemption Innocent Purchaser Revocation of Grant

Case Brief

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Parties

Kwabena Ofori Oduro

Plaintiff/respondent

Mary Oduro

Plaintiff/respondent

Agnes Oduro

Plaintiff/respondent

Isaac Kwasi Owusu (substituted by Adu Bafour)

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the sale of the property by Augustus Yaw Oduro after revocation of his letters of administration was valid
  2. 2 Whether the date on the deed of conveyance constituted fraud or a curable error
  3. 3 Whether payments made by the appellant to redeem the mortgage entitled him to the property or reimbursement

Ratio Decidendi

The sale of the property by Augustus Yaw Oduro was invalid as he had no legal authority after revocation of his letters of administration. The date error on the conveyance was a curable misdescription, not fraud, but did not validate the transaction. The appellant is not an innocent purchaser for value without notice. However, the payment made by the appellant to redeem the mortgage benefited the estate and must be reimbursed with interest.

Court Disposition

appeal dismissed with partial relief

Orders

  • Appeal dismissed
  • Respondents to pay appellant ¢91,878.83 at prevailing rate with interest from 24th March 1983 to date of payment