2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Marful-Sau JSC with a panel including Chief Justice Anin Yeboah, allowed the executors’ appeal against a Court of Appeal ruling that had awarded ownership of House No. 29, Volta Avenue, Kumasi to Mary Akyaa Boakye. Mary, sister of the late Edward Osei Boakye, claimed the house as her self-acquired property dating from 1970; she was later substituted by her son, Yaw Boakye Addei. The executors argued E.O. Boakye acquired the property in Mary’s name for security and devised her only a life interest under his will, relying on Mary’s post-probate conduct and admissions. Applying the re-hearing standard, the Court held that while title documents in Mary’s name raise a rebuttable presumption, the executors did not prove a resulting trust by showing purchase-money advancement. Nevertheless, Mary’s nine-year course of conduct estopped her from asserting ownership, and her failure to raise the claim in a 2008 suit triggered res judicata in the wider sense. The Court set aside the Court of Appeal’s decision and affirmed the High Court’s ruling that the property belonged to E.O. Boakye’s estate.
JUDGMENT
MARFUL-SAU, JSC: -
This appeal is taken against the unanimous decision of the Court of Appeal dated the 26th of July 2018, which in part affirmed the decision of the trial High Court. The Court of Appeal, however, reversed the trial High Court’s decision on the ownership of House No. 29 Volta Avenue, Kumasi which was devised in the Will of Edward Osei Boakye (deceased testator) to the original plaintiff in this action a sister of the said Edward Osei Boakye for life. In this appeal, we intend to give the parties the same designation as they had at the trial High Court, such that, the original plaintiff and the substitute, will be referred to as plaintiff. It is noted that the original plaintiff, Mary Akyaa Boakye died during the pendency of the action and was substituted by her son Yaw Boakye Addei.
The brief facts of the case are that by an amended writ of summons issued on the 13th January 2016, the plaintiff alleged that Edward Osei Boakye in his last will and testament dated 10th May 1997, included properties which did not belong to him. Among the properties was House No. 29 Volta Avenue, Kumasi, which the plaintiff contended was her own property. The High Court, at the end of the trial dismissed the plaintiff claims and entered judgment on the counterclaim for the defendants, who are the Executors of Edward Osei Boakye.
The plaintiff lodged an appeal against the decision of the trial High Court in the Court of Appeal, which affirmed the decision of the High Court, but reversed the decision concerning the ownership of House No. 29 Volta Avenue, Kumasi. The Court of Appeal in its judgment held that the said property was the self-acquired property of the plaintiff having acquired same in 1970. The Court of Appeal thus rejected the claim by the defendants that the property was actually acquired by the late E. O. Boakye, but did so in the name of the sister for security reasons.
The defendants being aggrieved with the decision of the Court of Appeal mounted this appeal praying this Court to set aside the decision that House No. 29 Volta Avenue, Kumasi, was acquired by the plaintiff. This appeal therefore relates to the ownership of House No. 29 Volta Avenue, Kumasi. The Notice of Appeal filed on 3rd August 2018 by the defendants contained two grounds of appeal, namely:-
“1. The part of the judgment declaring the Plaintiff /Appellant/ Respondent as owner of House No. 29 Volta Avenue, Nhyiaeso Kumasi, is against the weight of evidence before t