Yeboah& Anor Vrs Bawuah & 2 Ors [2022] GHASC 70 (6 June 2022)

Yeboah& Anor Vrs Bawuah & 2 Ors [2022] GHASC 70 (6 June 2022)

The defendants failed to produce credible evidence of ownership or equitable interest in the disputed property. The property is a self-acquired asset of the deceased Samuel Yeboah and forms part of his estate to be administered by the plaintiffs. The defendants are licensees without proprietary rights. The Court of Appeal erred in granting them equitable life interest contrary to the evidence and established legal principles.

Citation
Yeboah& Anor Vrs Bawuah & 2 Ors [2022] GHASC 70 (6 June 2022)
Parties
Plaintiff/respondent/appellant: Theresa Yeboah; Plaintiff/respondent/appellant: Jennifer Yeboah; Defendant/appellant/respondent: Kwabena Bawuah; Defendant/appellant/respondent: Afia Dokyiwaa; Defendant/appellant/respondent: Afia Pinamang
Court
ghasc
Jurisdiction
Ghana
Judgment Date
6 June 2022
Procedural Posture
Civil Appeal / Final Appellate (supreme Court)
Outcome
appeal allowed
Legal Topics
Recovery of Possession, Licensee Rights, Intestate Succession, Burden of Proof, Mesne Profits
Source Language
eng
Property Law Succession Law Civil Procedure Recovery of Possession Licensee Rights Intestate Succession Burden of Proof Mesne Profits

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Parties

Theresa Yeboah

Plaintiff/respondent/appellant

Jennifer Yeboah

Plaintiff/respondent/appellant

Kwabena Bawuah

Defendant/appellant/respondent

Afia Dokyiwaa

Defendant/appellant/respondent

Afia Pinamang

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate (supreme Court)

Legal Issues

  1. 1 Whether the disputed property forms part of the estate of Samuel Yeboah (deceased) and is subject to administration by the plaintiffs as personal representatives
  2. 2 Whether the defendants have any proprietary or equitable interest in the disputed property
  3. 3 Whether the Court of Appeal erred in overturning the High Court's decision in favour of the plaintiffs

Ratio Decidendi

The defendants failed to produce credible evidence of ownership or equitable interest in the disputed property. The property is a self-acquired asset of the deceased Samuel Yeboah and forms part of his estate to be administered by the plaintiffs. The defendants are licensees without proprietary rights. The Court of Appeal erred in granting them equitable life interest contrary to the evidence and established legal principles.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal dated 10 December 2020 set aside
  • Order for recovery of possession of house No J22/1 Nungua, Accra in favour of the plaintiffs