Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

MICHAEL KWASHIE, ADELAIDE KWASHIE v. PETER CHARLES NOI _ JONE KORLEY

2004

COURT OF APPEAL

GHANA

CORAM

  • ARYEETEY, J.A. (PRESIDING)
  • ANINAKWAH, J.A.
  • QUAYE, J.A

Areas of Law

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

AI Generated Summary

The Court of Appeal of Ghana, per Aryeetey, J.A., dismissed an appeal by the children of the late Emmanuel Kotei Kwashie concerning ownership of House No. F390/1 at Osu, Accra. Adelaide and Michael Kwashie claimed they had sent funds from the United Kingdom and supplied machinery to help complete the property, and that their father acknowledged these contributions by executing a conveyance (exhibit B) placing the house in the names of himself and the plaintiffs as tenants in common. After Emmanuel’s death, it surfaced that he devised the same property to his second wife, Emma Telfah, and her children (exhibit A). The appellants sought declaration of title and to void the devise. The court held that exhibit B merely recorded a customary gift subject to customary law, the appellants failed to prove the alleged contributions, and that even if a valid parent-child customary gift existed, Emmanuel’s later will effectively revoked it. The appeal was therefore dismissed.