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Ghana Case Law

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Property law BAAKO VRS. FOBI (LS/232/98) [2024] GHAHC 181 (15 March 2024)

BAAKO VRS. FOBI (LS/232/98)

BAAKO VRS. FOBI (LS/232/98) [2024] GHAHC 181 (15 March 2024)

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.

  • Presumption of advancement
  • Testamentary capacity
  • Resulting trust
  • Ownership of land
  • Counterclaim
  • Burden of proof
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Land law [2023] GHAHC 343

Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others

Dynasty Chinese Restaurant Ltd Vrs Cato and 4 Others [2023] GHAHC 343 (6 February 2023)

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…

  • Leasehold interests
  • Resulting trust
  • Presumption of advancement
  • Forfeiture of lease
  • Sublease consent
  • Fraudulent transfer allegations
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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)

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.

  • 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)

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.

  • 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)

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.

  • Presumption of advancement
  • Gifts inter vivos
  • Burden of proof
  • Rebuttable presumption
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Property law [2022] GHASC 46

Ansah & Anor Vrs Ansah

Ansah & Anor Vrs Ansah [2022] GHASC 46 (20 July 2022)

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.

  • Presumption of advancement
  • Gift inter vivos
  • Customary succession
  • Estoppel by conduct
  • Concurrent findings
  • Burden of proof
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Property law [2022] GHASC 114

ANSAH AND ANOTHER VRS. ANSAH (J4/26/2022)

ANSAH AND ANOTHER VRS. ANSAH (J4/26/2022) [2022] GHASC 114 (20 July 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.

  • Presumption of advancement
  • Gift inter vivos
  • Customary succession
  • Estoppel by conduct
  • Concurrent findings
  • Burden of proof
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Property law [2021] GHASC 165

Berimah Vrs Nanor & 2 Ors

Berimah Vrs Nanor & 2 Ors [2021] GHASC 165 (24 March 2021)

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.

  • Resulting trust
  • Presumption of advancement
  • Estoppel by conduct
  • Forgery
  • Matrimonial property
  • Appeals procedure
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Family law [2020] GHASC 136

Konadu Vrs Rasheed

Konadu Vrs Rasheed [2020] GHASC 136 (18 November 2020)

Supreme Court held a handwritten property declaration was not a valid conveyance and confirmed equal sharing of marital property acquired during the marriage.

  • Matrimonial property division
  • Conveyancing formalities
  • Company property and divorce
  • Presumption of advancement
  • Matrimonial-property-division
  • Conveyancing-formalities
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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.