AGNES KARIKARI v. KWAKU SARPONG & ORS
2021
COURT OF APPEAL
GHANA
CORAM
- TANKO AMADU, JSC (PRESIDING)
- H.A. KWOFIE, J.A.
- A. OPPONG, J.A
Areas of Law
- Family Law
- Property and Real Estate Law
- Probate and Succession
- Civil Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case concerns an appeal by Joyce Agyeman against a High Court judgment in Kumasi that recognized Agnes Karikari as the lawful, surviving widow of the late John Kenneth Ennin alias Kwadwo Amponsah and declared House No. 84 Block ‘A’ Pankrono and an unregistered Hyundai Elantra as the deceased’s self-acquired property. The Appellant had counterclaimed exclusive ownership of both, asserting a 1977 customary marriage, two children, and remittances funding construction through family. On appeal, she argued the Trial Judge erred in finding Agnes the widow and in rejecting her spousal status, and sought to introduce joint ownership. The Court of Appeal held that advancing a new, inconsistent joint-ownership theory was barred by estoppel, and that the Appellant failed to discharge the burden of proof to establish marriage or ownership. Applying settled standards restricting interference with trial fact-finding, the court affirmed the High Court and dismissed the appeal.
TANKO AMADU JSC
(1) This appeal is from the judgment of the High Court Kumasi, dated 21st December 2018. In this judgment, the Plaintiff/Respondent and the 3rd Defendant/Appellant shall be simply referred to as Plaintiff and 3rd Defendant respectively.
(2) In the High Court, the Plaintiff by her amended writ claimed from all the Defendants jointly and severally the following reliefs:-
“(i) An order of the court that the Plaintiff is the lawful and
surviving wife of the deceased John Kenneth Ennin alias Kwadwo Amponsah.
(ii) An order of the court declaring House No.84 Block ‘A’
Pankrono, Kumasi the self-acquired property of the deceased John Kenneth Enin alias Kwadwo Amponsah.
(iii) A declaration that, Hyundai Elantra (unregistered) as (sic)
the self-acquired property of the late John Kenneth Enin alias Kwadwo Amponsah”.
(3) In her amended statement of claim, Plaintiff averred that House Number 84 Block ‘A’ Pankrono, Kumasi is the self-acquired property of her husband John Kenneth Ennin alias Kwadwo Amponsah (deceased) and in whose name the title deeds to the house were made. She stated further that, the Hyundai Elantra (unregistered) vehicle parked in the deceased’s house at the time of his death is the self-acquired property of the deceased.
(4) The Plaintiff pleaded that she is the lawful and surviving widow of the deceased and had lived with him for eighteen (18) years prior to his death. That, on the 23rd day of December 2012, the relationship between Plaintiff and the deceased was customarily formalized as husband and wife. It is the case of Plaintiff that she lived with the deceased in the property numbered as Number 84 Block ‘A’ Pankrono, Kumasi. And further that, while the disputed house was put up by the deceased during an earlier marriage to a lady by name Bee, upon the dissolution of that earlier marriage, she came to live with the deceased in the said property.
(5) It is the case of Plaintiff that upon the death of her husband she invited the Defendants to join her to apply for letters of administration to administer the estate of the deceased but her request was met with a caveat by the family. Plaintiff averred further that during the life time of her deceased husband, he had two children with the 3rd Defendant who also qualify as beneficiaries of the estate of the deceased. She posited that as the only surviving widow, she had priority as regards the application for letters of administration.
(6) By way of reply to Statement of D