AWUAH VRS POMAA (C12/014/2024) [2024] GHAHC 227 (22 May 2024)

AWUAH VRS POMAA (C12/014/2024) [2024] GHAHC 227 (22 May 2024)

The plaintiff discharged the burden of proof by showing payment, possession, and documentary evidence of ownership; the writ was competent as place of abode sufficed; the defendant failed to rebut with credible evidence; appellate grounds lacked merit and did not justify overturning the trial judgment.

Citation
AWUAH VRS POMAA (C12/014/2024) [2024] GHAHC 227 (22 May 2024)
Parties
Plaintiff/respondent: Frank Awuah; Defendant/appellant: Bernice Afia Pomaa
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 May 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; judgment of trial court affirmed.
Legal Topics
Ownership of Movable Property, Estate Administration, Burden of Proof, Competency of Writ, Appeal Against Weight of Evidence
Source Language
eng
Property Law Succession Law Civil Procedure Ownership of Movable Property Estate Administration Burden of Proof Competency of Writ Appeal Against Weight of Evidence

Case Brief

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Parties

Frank Awuah

Plaintiff/respondent

Bernice Afia Pomaa

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the writ of summons was competent
  2. 2 Whether the unregistered Kia Sportage forms part of the estate of Emmanuel Awuah Adjei
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The plaintiff discharged the burden of proof by showing payment, possession, and documentary evidence of ownership; the writ was competent as place of abode sufficed; the defendant failed to rebut with credible evidence; appellate grounds lacked merit and did not justify overturning the trial judgment.

Court Disposition

Appeal dismissed; judgment of trial court affirmed.

Orders

  • Appeal dismissed
  • Judgment in favour of plaintiff/Respondent affirmed