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ALHAJI MAHMOUD BRAIMAH & ORS v. HAJIA CEDI AMARKE

November 15, 2006

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, J.S.C.(PRESIDING)
  • MRS. WOOD.J.S.C.
  • BROBBEY, J.S.C.
  • ANSAH, J.S.C.
  • ANINAKWAH, J.S.C

Areas of Law

  • Property and Real Estate Law
  • Probate and Succession
  • Equity and Trusts
  • Civil Procedure

AI Generated Summary

Justice W. A. Atuguba, writing for the Supreme Court of Ghana, dismissed an appeal arising from the sale of house E.47/12 in Nima, Accra, self-acquired by the late Alhaji Mahmoud Mustapha Ali. After Alis death, the property descended to his children, natural and adopted. Eldest son Braimah Mahmoud (D.W.1) and uterine sisters Rakia and Salimatu Mahmoud purported to sell the house without the knowledge or consent of adopted brothers Abubakar Laye and Laye Broke. The purchaser relied on Braimahs assertions and the aunts thumbprints and made no prudent inquiries. Applying equitys constructive notice doctrine, as articulated in Boateng v. Dwinfour and affirmed in Amuzu v. Oklikah, the Court recognized the adopted childrens interests, rejected reliance on an inoperative exhibit A, declared the sale invalid, and dismissed the defendant/appellants appeal.

JUDGMENT