DOWETIN VRS DOWETIN & 2ORS (C8/04/2021) [2024] GHACC 159 (24 January 2024)

DOWETIN VRS DOWETIN & 2ORS (C8/04/2021) [2024] GHACC 159 (24 January 2024)

Plaintiff failed to prove on balance of probability that the disputed property was self-acquired by her late husband or formed part of his estate, and failed to provide cogent evidence of ownership of the vehicle; corroborated evidence supports Defendants’ claim of family ownership.

Citation
DOWETIN VRS DOWETIN & 2ORS (C8/04/2021) [2024] GHACC 159 (24 January 2024)
Parties
Plaintiff: Mrs Love Dowetin; Defendant: Matilda Dowetin; Defendant: Theresah Dowetin; Defendant: Theodora Dowetin
Court
ghacc
Jurisdiction
Ghana
Judgment Date
24 January 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's action dismissed in its entirety.
Legal Topics
Declaration of Title, Estate Administration, Intermeddling, Burden of Proof, Ownership of Property
Source Language
eng
Property Law Succession Law Family Law Declaration of Title Estate Administration Intermeddling Burden of Proof Ownership of Property

Case Brief

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Parties

Mrs Love Dowetin

Plaintiff

Matilda Dowetin

Defendant

Theresah Dowetin

Defendant

Theodora Dowetin

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether H/No A 576/16, Dansoman, Accra is a self-acquired property of the deceased husband of the Plaintiff
  2. 2 Whether Plaintiff is entitled to her claims
  3. 3 Whether Defendants are intermeddling in the estate of the deceased husband of the Plaintiff

Ratio Decidendi

Plaintiff failed to prove on balance of probability that the disputed property was self-acquired by her late husband or formed part of his estate, and failed to provide cogent evidence of ownership of the vehicle; corroborated evidence supports Defendants’ claim of family ownership.

Court Disposition

Plaintiff's action dismissed in its entirety.

Orders

  • Plaintiff to pay costs of GHC2,000 to Defendants