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Kofi Anim and 3 Ors v. Bernice Akiwumi

2012

COURT OF APPEAL

GHANA

CORAM

  • M. Owusu, J.A. (Presiding)
  • P. Gyaesayor, J.A.
  • S. Dzamefe, J.A.

Areas of Law

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

AI Generated Summary

This Ghana Court of Appeal decision, authored by Justice Mariama Owusu, affirms a High Court judgment in favor of Bernice Olabisi Akiwumi concerning Plot No. C28/3, Farrar Avenue, Adabraka. The High Court had declared Bernice owner, ordered ejectment with a six‑month grace period, restrained further entry, and awarded costs. On appeal, the defendants argued the judgment was against the weight of evidence, wrong in law, misidentified the land devised in Justice A. M. Akiwumi’s Will, and improperly credited a statutory declaration. The Court of Appeal reviewed the record, holding that Bernice proved her chain of title from James Daniel Garshong through Justice Akiwumi, supported by probate, vesting assent, and acts of possession. It found the defendants’ occupation derived from a bare caretaker license terminating on death, and that letters and receipts corroborated rent payments and quit notices. The 4th defendant’s Exhibit 1 lacked probative value and did not establish Nanka‑Bruce family ownership. The appeal was dismissed in its entirety.

JUDGMENT