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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

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.

JUDGMENT