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BENJAMIN ABBEY ADDAWOO & ANOR v. EMMANUEL OKESSON & ORS

2012

COURT OF APPEAL

GHANA

CORAM

  • KUSI-APPIAH, J.A. (PRESIDING)
  • KORBIEH F, J.A.
  • ADUAMA OSEI, J.A

Areas of Law

  • Property and Real Estate Law
  • Probate and Succession
  • Civil Procedure
  • Evidence Law

AI Generated Summary

This Ghana Court of Appeal case arises from a land dispute at Kokomlemle, Accra involving Emmanuel Okesson, who in 2003 obtained a 30-year lease from Akua Dede, and defendants linked to Dara Salam Group Limited, with co-defendant Benjamin Abbey Addawoo acting as head of the Addawoo Paternal Guan family. The High Court had granted Okesson’s claims for declaration, possession, damages, injunction, and cancellation of Land Title Certificate GA 15146, while dismissing the defendants’ and co-defendant’s counterclaims. On appeal, the court focused on whether Akua Dede had legal capacity to convey the beneficial interest and the validity of Okesson’s Exhibit A lease. It held that upon the death of the last administratrix, the property remained family-held; succession is not automatic and requires consent, and Order 66 rule 59(2) is inapplicable to family-trust property. Without appointment and consent, Akua Dede’s lease was invalid. Estoppel by conduct and burden-of-proof principles further undermined Okesson’s title. The Court of Appeal allowed the appeal, set aside the High Court’s judgment, dismissed Okesson’s action, and entered judgment for the co-defendant on his counterclaim.

JUDGMENT