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HANNA OKYERE & ANOR VS JAMES OKYERE & ANOR

2024

SUPREME COURT

GHANA

CORAM

  • SACKEY TORKORNOO (MRS.) CJ (PRESIDING)
  • AMADU JSC
  • PROF. MENSA-BONSU (MRS.) JSC
  • KULENDI JSC
  • ASIEDU JSC

Areas of Law

  • Property and Real Estate Law
  • Equity and Trusts
  • Civil Procedure
  • Evidence Law
  • Family Law

AI Generated Summary

This Supreme Court appeal arises from a familial property dispute in Koforidua involving James Okyere, his siblings (the plaintiffs), and his former wife, the 2nd defendant (Florence Darko/Florence Darko Okyere). Opanyin Kwaku Okyere customarily gifted the property in 1975 to his second wife, Amma Mansah, and her children, including James. Despite this, James registered the property in his name, mortgaged it to HFC Bank for his company, and later purported to settle the outhouse and adjoining land on his then wife in divorce proceedings. The plaintiffs had long been in possession and protested 2nd defendant’s commercial use; she built a restaurant with siblings’ consent, later converting it to stores without consent. The High Court ruled for the plaintiffs, set aside the divorce transfer, but reserved five stores to 2nd defendant. On appeal by the plaintiffs, the Court of Appeal set aside the reservation. The 2nd defendant appealed further, challenging capacity and weight-of-evidence. The Supreme Court, applying re-hearing standards, upheld capacity, treated 2nd defendant as a licensee who forfeited the premises by adverse claim, applied nemo dat, and affirmed the Court of Appeal, dismissing the appeal.

JUDGMENT