JOSEPH EMMANUEL ANTWI & ANOTHER v. AKUA ATAA & ANOTHER
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, JA (PRESIDING)
- DZAMEFE, JA
- M. WELBOURNE, JA
Areas of Law
- Probate and Succession
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a dispute over property claimed to have been gifted inter vivos by Nana Enoch Ntiamoah Mensah to Joseph Emmanuel Antwi. After the uncle's death, his widow and son included these properties in the inventory for the Letters of Administration, disputing the plaintiff's claims. The trial court dismissed the plaintiff's case based on Section 67 of the Administration of Estates Act 1961. Upon appeal, it was held that the trial judge misinterpreted this section, and the plaintiffs action did not seek to act as an administrator. Thus, the appellate court set aside the trial court's decision, granting the interim injunction and ordering a new trial.
JUDGMENT
DZAMEFE, JA
The plaintiff Joseph Emmanuel Antwi (deceased) averred sometime in 1994 at the funeral of one late Abena Manu, and at a family gathering of their matrilineal family at Adangwomase, his uncle Nana Enoch Ntiamoah Mensah, alias, Nana Yaw Bete, made a public declaration of inter vivos gifts of all his self-acquired properties to him absolutely. The plaintiff listed the properties so gifted him as follows: -
a. H/No. O.I. Extension Block 4 Plot 1, Kumasi.
b. Cocoa farm at Nsutam/Asuwamu/Biem bounded on all sides by the farms of Nana Antwi, Nana Sarkodie, OpaninAdubofo, Nana Sampeney, Asuwamu river and Biem river.
c. Cocoa farm at Nyameadom (Nsutam) bounded on all sides by the farms of OpaninKwakye, AgyaWereko, OpaninKwakuNsiah, Agya Atta and Nana AbenaAmpong.
d. Cocoa farm at Siwaso (Nsutam) and bounded on all sides by the farms of AgyaAtta, OpaninKyere, AgyaSarfo, Opanin Kwame Amoah and Nana Ampenfi.
e. Cocoa farm at Abrosanase(Sereso) and bounded on all sides by the farms of KwakuAborah, Mr. Gyamfi, KwadwoObeng, James Kwamuah and a farm land to be shared between AkuaAttaa and myself.
f. Cocoa farm at Sefwi Sui and bounded on all sides by the farms of Nana Attoh, Nana Gyebi, OpaninAbokyi and Asukro stream.
g. All the personality of the said late Nana Enoch Ntiamoah Mensah (a.k.a Nana Yaw Bete).
The plaintiff said all the members of their said matrilineal family agreed to the said inter vivos gift made by the late uncle to him. He immediately paid two bottles of schnapps and cash the sum of ¢20,000 to the elders and the principal members (Abadwafo)who acted as witnesses to the said gift of the properties to him.
The plaintiff averred he took possession of all the said properties and possessed them for a period of ten years from the date of the gift when the uncle was still alive. He said during that period nobody raised any objection whatsoever to the said gift.
The plaintiff said surprisingly a few months ago the defendants, the widow and son of the plaintiff’s late uncle, started disputing his title to the said properties gifted to him, claiming the properties were for their late father as at the time of his death and not for him.
The plaintiff’s claim is that the late uncle gifted those properties to him 10 years before the uncle’s death 8 years ago. That is 2 years before his death and so the said properties do not and cannot form part of the estates of the said late uncle.
Plaintiff said further that the 1st and 2nd defen