Afriyie Vrs Boakye [2023] GHADC 230 (31 January 2023)

Afriyie Vrs Boakye [2023] GHADC 230 (31 January 2023)

Plaintiff is entitled to her undivided share of the house as a tenant-in-common, but the interests of her deceased sisters devolve on their personal representatives. Defendant, as a beneficiary of one deceased sister, has an equitable interest in her share under intestacy law.

Citation
Afriyie Vrs Boakye [2023] GHADC 230 (31 January 2023)
Parties
Plaintiff: Margaret Afriyie; Defendant: Isaac Boakye
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff’s claim succeeds in part.
Legal Topics
Declaration of Title, Tenancy in Common, Intestate Succession, Beneficial Interest, Injunction, Damages for Trespass
Source Language
eng
Property Law Succession Law Declaration of Title Tenancy in Common Intestate Succession Beneficial Interest Injunction Damages for Trespass

Case Brief

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Parties

Margaret Afriyie

Plaintiff

Isaac Boakye

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has title to the house in dispute
  2. 2 Whether the defendant has equitable interest in the house in dispute
  3. 3 Any other issues arising from the pleadings and evidence

Ratio Decidendi

Plaintiff is entitled to her undivided share of the house as a tenant-in-common, but the interests of her deceased sisters devolve on their personal representatives. Defendant, as a beneficiary of one deceased sister, has an equitable interest in her share under intestacy law.

Court Disposition

Plaintiff’s claim succeeds in part.

Orders

  • Plaintiff declared title owner to the house in dispute subject to the interests of her deceased sisters, which vest in their personal representatives.
  • No general damages for trespass awarded.