ROLAND BURNS-BLISSETT v. ELIZABETH ANNAN
2004
COURT OF APPEAL
GHANA
CORAM
- Omari Sasu, J.A. [Presiding]
- Asare-Korang, J.A.
- Aninakwah, J.A
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Evidence Law
- Civil Procedure
- Equity and Trusts
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Asare-Korang J.A., dismissed an appeal challenging the Circuit Court, Tarkwas judgment awarding ownership and possession of House No. MS.1 on Main Street, Tarkwa, to the respondent and his siblings. The respondent, child of the late Henry Francis Burns-Blissett, traced the property to their grandmother, Madam Ekua Duku, who built MS.1 (among other houses) using compensation after her husband, Francis Burns-Blissett, died in a rail accident, and later articulated that MS.1 and the Cyanide Road house should pass to her sons and grandchildren. The appellant contended MS.1 was family property built jointly and pleaded estoppel and acquiescence. The trial court found MS.1 was personally acquired and owned by Madam Ekua Duku, treated Exhibit F as evidencing a customary grant and oral customary will, rejected estoppel, and allocated MS.1 to Henrys children. On appeal, the Court of Appeal applied settled standards on weight-of-evidence review, endorsed the trial judges evidentiary and legal analysis (including hearsay exceptions, documentary proof in Dukus name, and equity), and affirmed the judgment, restraining the appellant from interference.
JUDGMENT
ASARE KORANG J.A.
This is an appeal against the judgment of the Circuit Court, Tarkwa dated 24th February, 1997 wherein the learned Circuit judge entered judgment in favour of the plaintiff/respondent [hereinafter described as the Respondent], on his claim and dismissed the counterclaim of the Defendant/Appellant [hereinafter called the Appellant].
In the court below, the respondent sued for himself and the children of the late Henry Francis Burns-Blisseth for a declaration of ownership of House No. MS1 situate on main street Tarkwa, possession thereof and perpetual injunction.
In her Statement of Defence, the appellant counterclaimed against the Respondent for a declaration that the house in dispute is family property belonging to the Appellant's family.
In his statement of claim as amended, the Respondent averred that his grandfather was one Francis Burns-Blissett, a Sierra Leonean national who came to the then Gold Coast, now Ghana and worked with the Gold Coast Railway Corporation.
The late Francis Burns-Blissett married one Madam Ekua Duku, a Ghanaian and they had two children, namely Henry Francis Burns Blissett, the Respondent's father, and Arthur Roland Blissett.
In the course of his work Francis Burns-Blissett, respondent's grandfather, died in a rail accident and compensation arising out of the accident was paid to his widow Madam Ekua Duku who used some of it to put up a building Numbered MS.1 at Tarkwa.
Madam Ekua Doku also owned other houses No. TB,38 on Padmore Road, Tarkwa and another along CYANIDE Road, Tarkwa.
When the Respondent’s paternal uncle, Arthur Roland Blissett died, and during his final funeral rites in August, 1976, Madam Ekua Duku informed members of her family that in the event of her death the building on the CYANIDE road and the other numbered MS. 1, should be inherited by her children and grandchildren and House No. TB.38 which she built from her own resources should be occupied by members of her family.
In November, 1976, soon after the respondent's paternal uncle passed away, Madam Ekua Duku also died.
Just as respondent's father, Henry Francis Blissett was preparing to perform the funeral rites of Madam Ekua Duku scheduled for March, 1977, he also died suddenly on 8th November, 1977.
After the funeral of the respondent's father and Madam Ekua Duku had been performed, a Fire Insurance policy on House No.MS.1 executed in 1972 between the State Insurance Company and Madam Ekua Duku was discovered by