ALBERT OCANSEY & 2ORS VS F.F. FIANKO - AWUKU (H3/209/2023) [2023] GHACA 85 (15 March 2023)

ALBERT OCANSEY & 2ORS VS F.F. FIANKO - AWUKU (H3/209/2023) [2023] GHACA 85 (15 March 2023)

The application is granted because Gifty Nartey, as substituted 2nd Plaintiff, has an adverse interest to the beneficiaries and Plaintiffs, as evidenced by her submissions seeking intestacy, which prejudices the Plaintiffs' position. The order of December 15, 2020 substituting her is set aside, and Teresa Ocansey is substituted as 2nd Plaintiff/Respondent.

Citation
ALBERT OCANSEY & 2ORS VS F.F. FIANKO - AWUKU (H3/209/2023) [2023] GHACA 85 (15 March 2023)
Parties
1st Plaintiff/respondent/appellant: Albert Joojo Ocansey (substituted by Sigismund Ocansey); 2nd Plaintiff/respondent: Charles Fiifi Ocansey (deceased, substituted by Gifty Nartey); 3rd Plaintiff/respondent: Shakinah Baah; Defendants/appellants/respondents: F.F. Fianko-Awuku & 3 Others; Applicant: Teresa Ocansey
Court
ghaca
Jurisdiction
Ghana
Judgment Date
15 March 2023
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Substitution Order
Outcome
Application granted
Legal Topics
Substitution of Parties, Intestate Succession, Beneficiary Rights, Adverse Interest
Source Language
eng
Civil Procedure Succession Law Substitution of Parties Intestate Succession Beneficiary Rights Adverse Interest

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Parties

Albert Joojo Ocansey (substituted by Sigismund Ocansey)

1st Plaintiff/respondent/appellant

Charles Fiifi Ocansey (deceased, substituted by Gifty Nartey)

2nd Plaintiff/respondent

Shakinah Baah

3rd Plaintiff/respondent

F.F. Fianko-Awuku & 3 Others

Defendants/appellants/respondents

Teresa Ocansey

Applicant

Procedural Posture

Civil Appeal / Ruling on Application to Set Aside Substitution Order

Legal Issues

  1. 1 Whether the substitution of Gifty Nartey for Charles Fiifi Ocansey should be set aside
  2. 2 Whether Teresa Ocansey should be substituted as 2nd Plaintiff/Respondent

Ratio Decidendi

The application is granted because Gifty Nartey, as substituted 2nd Plaintiff, has an adverse interest to the beneficiaries and Plaintiffs, as evidenced by her submissions seeking intestacy, which prejudices the Plaintiffs' position. The order of December 15, 2020 substituting her is set aside, and Teresa Ocansey is substituted as 2nd Plaintiff/Respondent.

Court Disposition

Application granted

Orders

  • Order of December 15, 2020 substituting Gifty Nartey for Charles Fiifi Ocansey is set aside
  • Teresa Ocansey is substituted as 2nd Plaintiff/Respondent