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MRS FELICIA BAAKO vs MADAM AFUA FOBI & 4 ORS

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE PATRICIA QUANSAH

Areas of Law

  • Probate and Succession
  • Evidence Law

AI Generated Summary

The case revolves around the ownership of a property known as Balance Hotel which was allegedly purchased by the deceased, Bernard Kwaku Baako, in the name of his son, the plaintiff. The defendant, the deceased's niece and estate administrator, claimed the property was self-acquired by the deceased. The court examined whether the deceased had the testamentary capacity to devise the property to the defendant, evaluated the plaintiff's contribution to the property's construction, and addressed the issue of presumed advancement due to the property being in the plaintiff's name. The court ruled in favor of the plaintiff, citing insufficient evidence from the defendant to rebut the presumption of advancement.

JUDGEMENT