Boakye Vrsthe Presiding Bishop Of The Methodist Church & 3 Ors [2021] GHASC 162 (31 March 2021)

Boakye Vrsthe Presiding Bishop Of The Methodist Church & 3 Ors [2021] GHASC 162 (31 March 2021)

Plaintiff's conduct and admissions after probate, failure to assert ownership for 9 years, and prior litigation without raising ownership estopped her from claiming the property; defendants successfully rebutted presumption of legal title, and the High Court's finding that E. O. Boakye was owner is consistent with the evidence.

Citation
[2021] GHASC 162
Parties
Plaintiff/appellant/respondent: Mary Akyaa Boakye (substituted by Yaw Boakye Addei); Defendant/respondent/appellant: The Presiding Bishop of the Methodist Church; Defendant/respondent/appellant: The Anglican Bishop of the Diocese of Kumasi; Defendant/respondent/appellant: The Catholic Bishop of Konongo Mampong, Ashanti; Defendant/respondent/appellant: Edward Osei Boakye Trust Fund
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 March 2021
Procedural Posture
Civil Appeal / Final Judgment in Supreme Court
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court decision affirmed.
Legal Topics
Ownership Dispute, Estoppel, Res Judicata, Resulting Trust, Probate, Will Interpretation
Source Language
English
Property Law Succession Law Civil Procedure Ownership Dispute Estoppel Res Judicata Resulting Trust Probate +1 more

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Parties

Mary Akyaa Boakye (substituted by Yaw Boakye Addei)

Plaintiff/appellant/respondent

The Presiding Bishop of the Methodist Church

Defendant/respondent/appellant

The Anglican Bishop of the Diocese of Kumasi

Defendant/respondent/appellant

The Catholic Bishop of Konongo Mampong, Ashanti

Defendant/respondent/appellant

Edward Osei Boakye Trust Fund

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Final Judgment in Supreme Court

Legal Issues

  1. 1 Who owns House No. 29 Volta Avenue, Kumasi?
  2. 2 Whether plaintiff is estopped by conduct and res judicata from claiming ownership
  3. 3 Whether the Court of Appeal erred in reversing the High Court's decision

Ratio Decidendi

Plaintiff's conduct and admissions after probate, failure to assert ownership for 9 years, and prior litigation without raising ownership estopped her from claiming the property; defendants successfully rebutted presumption of legal title, and the High Court's finding that E. O. Boakye was owner is consistent with the evidence.

Court Disposition

Appeal allowed; Court of Appeal decision set aside; High Court decision affirmed.

Orders

  • House No. 29 Volta Avenue, Kumasi declared property of E. O. Boakye's estate.
  • Plaintiff's claim to ownership dismissed.