EMMANUEL TETTEH VS JAMES SANKA TETTEH & ORS
2024
COURT OF APPEAL
GHANA
CORAM
- JENNIFER A. DODOO, (MRS.) J.A (PRESIDING)
- STEPHEN OPPONG, J.A
- CHRISTOPHER ARCHER, J.A
Areas of Law
- Probate and Succession
- Civil Procedure
- Property and Real Estate Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, representing the Tetteh family, sought a declaration that a disputed property in Accra was family property and that its devise by another individual in a will was void. The High Court ruled in favor of the Plaintiff. The 3rd Defendant appealed, arguing that the property had been gifted to his father by the family member, but failed to substantiate the claim. The appellate court dismissed the appeal, affirming the lower court's decision, based on an analysis of the entire case record and the evidence presented.
STEPHEN OPPONG, JA
This is an appeal against the judgment of the High Court, Probate and Letters of Administration Division, sitting in Accra held on the 28th day of April 2022. Dissatisfied with the aforesaid judgment, the Defendant/Appellant herein appealed against the judgment of the High Court on the following grounds: a. That the judgment dated 28th April, 2022 is against the weight of evidence.
b. Further grounds of appeal may be filed upon receipt of record of appeal.
For the purposes of this appeal, the parties herein shall maintain their respective designations at the court below.
In that regard, the Plaintiff/Respondent shall hereinafter be referred to as the Plaintiff whereas the 3rd Defendant/Appellant shall be referred to as the 3rd Defendant.
The 1st and 2nd Defendants who are not parties to this appeal shall maintain their designations as 1st and 2nd Defendants.
The Plaintiff herein instituted the action which has culminated in this appeal on the 30th day of June, 2015 against the 1st, 2nd and 3rd Defendants herein praying for the following reliefs: 1. Plaintiff claim (s. i. c) jointly and severally against the Defendants for a declaration that all those hereditaments known as House No B336/18 (House No B336/18) Bubiashie, Accra is family property.
2. Plaintiff further claims for a declaration that the devise of the said hereditaments by a ROBERT KODI DARPOH in his last will and testament dated 19th July, 2012 to certain beneficiaries is void of effect. (s. i. c). The basis of the claim as can be gathered from the Amended Statement of Claim which accompanied the Writ of Summons filed on the 11th day of April 2016 is that: He (Plaintiff) is the incumbent head of the Tetteh family of Prampram and brings the action in that capacity.
It is the claim of the Plaintiff that his said Tetteh family had one Sophia Morkor Tetteh as a member and that the aforesaid Sophia Morkor Tetteh died sometime in 1978. It is the further case of the Plaintiff that the aforesaid Sophia Morkor Tetteh died possessed of House No. B336/18 Bubiashie the property in dispute.
The Plaintiff averred that the deceased Sophia Morkor Tetteh purchased the land from Nii Asere and was issued with a receipt dated 15th August, 1972. It is the case of the Plaintiff that upon the death of Sophia Morkor Tetteh, the property in dispute devolved on Tetteh family of which he is the head.
The Plaintiff says that it has come to his notice that one Robert Kodi Darpoh in his Willl a