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KOFI OWUSU BEMPAH vs JOSEPH K. NUAKO

2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP MRS. ELIZABETH ANKUMAH J

Areas of Law

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

AI Generated Summary

Justice Elizabeth Ankumah of the Accra High (Land) Court dismissed Kofi Owusu0s claim that house H/No. A429/11, Dansoman, Accra, was his self0acquired property and affirmed the late Joseph Oteng Mensah0s will governing its distribution. Owusu had argued that he bought the uncompleted structure, placed tenants on the ground floor, and allowed his father to occupy the first floor; the executor, Joseph Kofi Nuako, responded that Oteng Mensah bought the property in 1992 after selling his earlier Dansoman residence, later appointing his sister Afia Kesse as attorney to manage it, and authorizing, then halting, Owusu0s rent collection. The court rejected estoppel per rem judicatam because the Kumasi High Court0s probate ruling never adjudicated ownership. Evaluating evidence under the preponderance standard and s.14 of the Evidence Act, the court found AMA records naming Oteng Joseph Mensah as owner, plaintiff0s receipts post0dating the testator0s death, and the plaintiff0s unregistered, site0plan0less indenture inadequate. The claim failed; the will0s allocations stand, with costs to defendant.

JUDGMENT