CHARLES LAMPTEY & ORS v. SAMUEL HARUNA NOAH & ORS
2021
COURT OF APPEAL
GHANA
CORAM
- OFOE,J.A
- WOOD, J.A
- ARYENE, J.A
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Civil Procedure
- Evidence Law
- Contract Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per OFOE, J.A., resolved a long‑running family dispute concerning House No. D945/3, Derby Avenue, Accra, originally devised by John Noah in 1922. The High Court had ruled that historic enjoyment in four ‘gates’ estopped claims of five categories, held defendants lacked authority and acted in bad faith in extending the tenant’s lease, ordered renegotiation rather than nullification, partitioned the property into four, and directed accounting from 1979. On appeal, the Court of Appeal affirmed the plaintiffs’ capacities based on Letters of Administration, but held that a prior 2011 High Court interpretation identifying five beneficiary categories could not be disturbed under res judicata. It varied the accounting order to cover only rents from 2006 under the Limitation Act, set aside the partition as vague, and upheld renegotiation of the tenant’s lease—dismissing the plaintiffs’ cross‑appeal seeking nullification.
OFOE, J.A:
We are in this appeal to deal with an appeal and cross appeal. Issues raised therin concern property House No D 945/3 Derby Avenue, Accra, originally owned by a Mr. John Noah who died as far back 1922. As is common in this side of our world, the dispute is over who manages and enjoys rents accruing from this property left behind in 1922. From the myriads of court proceedings noted in the record of appeal, it would not be wrong to observe that the beneficiaries have had no peace in enjoyment of the property. It has been court suits upon court suits. Whilst we endeavor in this appeal to make determinations as sought for by the parties and their counsel with the objective of bringing finality to disputes within the family in respect of enjoyment of this property, it is our advice that having regard to the contents of the will of John Noah and the beneficiaries who will keep multiplying with time, the family finds a more appropriate and lasting machinery in the sharing of the proceeds of this property than always resorting to the court rooms. Probably it is time their lawyers educate them that court room resolution of cases is not always the best as it depends upon what was put before the court for determination. And in this instant case where by the nature of the will beneficiaries will keep growing just as their capacities to go to court and where family members file their cases in different courts seeking different reliefs, confusion and uncertainty in administering the property and also in the decisions of the courts may be the result. Headship of the family and members of the various categories may die and go but court suits continue. Counsel for the parties may also consider tuition in arbitration, which is now court connected, for the use of the family members. Very important also is compromising judgments as a way of solving disputes where the circumstances so demand. We can now deal with the case as presented before us.
We can now consider the appeal before us guided by the grounds of appeal and noting what the authorities have underlined when a party lodges an appeal and further makes the allegation that the judgment is against the weight of evidence. Also to be noted is the need to accept findings of fact made by a trial court as sacrosanct unless the findings are not supported by the evidence. When an appeal is lodged the appellant imposes on the appeal court the duty of reviewing the whole evidence on record whether the evidence and t