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Ghana Case Law

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Succession MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)

MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019)

MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)

Court
ghahc

The 2nd Plaintiff proved, on a balance of probabilities, that she was customarily married to the deceased and is a surviving spouse entitled to a share of the estate and to be made co-administratrix. The Defendants failed to prove a valid customary gift of the East Legon property; thus, it and other listed properties form part of the estate. The Plaintiffs have not received their lawful share, and the Defendants must render audited accounts and distribute the estate in accordance with PNDCL 111.

Source excerpt

  • Intestate succession
  • Customary marriage
  • Administration of estates
  • Gifts inter vivos
  • Distribution of estate
  • Letters of administration
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Succession [2023] GHACA 171

FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021)

FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021) [2023] GHACA 171 (19 January 2023)

Court
Court of Appeal
Case number
H1/218/2021

The respondents failed to adduce cogent and sufficient evidence of any conduct or declarations by the late Emmanuel Fynn-Sackey before or at the time of the conveyance to rebut the presumption of advancement; therefore, the property was a gift to the appellant and does not form part of the deceased's estate.

Source excerpt

  • Presumption of advancement
  • Gifts inter vivos
  • Burden of proof
  • Rebuttable presumption
  • Conveyancing
  • Estate administration
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Succession [2023] GHACA 42

Edward Fynn -scakey Vrs - Irene Fynn Opoku

Edward Fynn -scakey Vrs - Irene Fynn Opoku [2023] GHACA 42 (19 January 2023)

Court
Court of Appeal

The respondents failed to adduce cogent and sufficient evidence of any conduct or declarations by the late Emmanuel Fynn-Sackey before or at the time of the conveyance to rebut the presumption of advancement. The property was intended as a gift to the appellant and does not form part of the deceased's estate.

Source excerpt

  • Presumption of advancement
  • Gifts inter vivos
  • Burden of proof
  • Intestate succession
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Succession [2023] GHACA 82

EDWARD FYNN-SACKEY VRS IRENE FYNN OPOKU & ANOR (H1/218/2021)

EDWARD FYNN-SACKEY VRS IRENE FYNN OPOKU & ANOR (H1/218/2021) [2023] GHACA 82 (19 January 2023)

Court
Court of Appeal
Case number
H1/218/2021

The presumption of advancement in favour of the appellant was not rebutted by the respondents, as they failed to provide strong, contemporaneous evidence of a contrary intention by the deceased at the time of the conveyance. The trial court erred in relying on subsequent acts and circumstances to rebut the presumption.

Source excerpt

  • Presumption of advancement
  • Gifts inter vivos
  • Burden of proof
  • Rebuttable presumption
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About this LexChat collection

Ghana decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.