BAAKO VRS. FOBI (LS/232/98) [2024] GHAHC 181 (15 March 2024)
Court
ghahc
The High Court held that property acquired in the plaintiff’s name was protected by the presumption of advancement, defeating the defendant’s devise under the will.
Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others [2023] GHAHC 343 (6 February 2023)
Court
High Court
The court found the presumption of advancement applied in favour of the 1st defendant, making him both legal and beneficial owner of the property. There was no evidence of a resulting trust. The 1st defendant could lawfully gift his reversionary interest to his siblings, and the plaintiff's interest was not affected by this. The sublease was irregular as it was not signed by the legal owner, and expired upon surrender of the head lease. The plaintiff, by challenging the title of the defendants, forfeited its sublease. Plaintiff's claims failed and judgment was entered for the defendants' coun…
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.
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.
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.
The properties in dispute were validly acquired and gifted by the late Agnes Temah to the plaintiffs, creating a presumption of advancement which was not rebutted by the defendant. The properties do not form part of the estate of the deceased and are not family properties. The 1st plaintiff is the lawful successor to the cocoa farms of Afari Mintah. The defendant failed to prove her counterclaim or any error in the concurrent findings of the lower courts. The appeal is without merit and is dismissed.
ANSAH AND ANOTHER VRS. ANSAH (J4/26/2022) [2022] GHASC 114 (20 July 2022)
Court
Supreme Court
Case number
J4/26/2022
The Supreme Court held that the properties in dispute were valid gifts to the plaintiffs by their late mother, invoking the presumption of advancement, which the defendant failed to rebut. The properties did not form part of Agnes Temah's estate. The 1st plaintiff succeeded to the cocoa farms as customary successor of Afari Mintah. The defendant's counterclaim was unsupported by evidence. The findings of the lower courts were affirmed as being supported by the record.
The Supreme Court set aside the Court of Appeal’s decision, holding that forged documents and fraud could not support the plaintiff’s claim to the property.
Konadu Vrs Rasheed [2020] GHASC 136 (18 November 2020)
Court
Supreme Court
Supreme Court held a handwritten property declaration was not a valid conveyance and confirmed equal sharing of marital property acquired during the marriage.