STEPHEN BORQUAE & ANOTHER v. SETH METTLE-NUNOO & OTHERS
2018
COURT OF APPEAL
GHANA
CORAM
- F.G. KORBIEH J.A (PRESIDING)
- B.F. ACKAH-YENSU (MRS) J.A
- I.O.TANKO AMADU J.A
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around a dispute over the estate of Joseph Edward Mettle. The Appellants claim that upon the death of Saul Annan Mettle in 1991, the estate became the sole property of Christina Ayeselah Nupka Mettle, ceasing to be family property. They seek declarations to this effect and assert their right to apply for Letters of Administration. The Respondents contest these claims, arguing that the property remains family property to be distributed as tenants in common, based on a 1956 agreement. They also argue that the Appellants are estopped from denying the family ownership due to their past actions and statements. The case raises issues of property law, succession, and civil procedure, particularly concerning joint tenancy, severance of joint tenancy, estoppel, and intestate succession. The High Court set down specific issues for trial, and this proceeding is an appeal from the High Court's judgment. The outcome of this case could have significant implications for the distribution and administration of the contested estate.
TANKO AMADU J.A
(1) This appeal emanates from the judgment of the High Court Accra dated the 28th day of October 2015.
(2) In the High Court, Plaintiffs/Appellants (hereinafter referred to as “the Appellants) claimed against the Defendants/Respondents) (hereinafter referred to us “the Respondents) the following reliefs:-
“(i) A Declaration that the estate of the late Joseph Edward Mettle
crystallize into the sole property of Christina Ayeselah Nupka Mettle upon the death of the penultimate devisee Saul Annan Mettle in 1991 and thus ceased to be family property.
(ii)A Declaration the Stephen Borquaye and Mercy Adaku Mensah
acting per their Lawful Attorneys Maud Georgina Borquaye and Victor Mensah are the lawful Applicants for the grant of Letters of Administration to administer the estate.
(iii)An order of perpetual injunction restraining Defendants and all
other members of the Annan Mettle family save Stephen Borquaye and Mercy Adaku Mensah from meddling with the estate formerly belonging to Joseph Edward Mettle and now the sole property of Christiana Ayeslah Numpa Mettle.
(iv)Costs including legal fees.
(3) It must be place on record that the said Stephen Borquaye cited in relief (ii) for injunction has been substituted by Victor Mensah as the 1st Appellant herein.
(4) SUMMARY OF APPELLANTS CASE IN THE COURT BELOW:
(i)At the Trial Court the salient paragraphs of the Appellants
pleadings the statement of calm (pages 3-6) of the record are as follows:-
“4 Plaintiff’s state that their grandfather the late Joseph Edward
Mettle died in Adeiso on the 9th March 1917, leaving a Will to be executed by his eldest child, Isaac Annan Mettle………………”
“7 Plaintiff’s state that the estate of the late Joseph Edward Mettle was
administered by the sole executor named in the Will, Isaac Annan Mettle, and by all subsequent heads of family of the Annan Mettle family relating to the surviving devisees as joint tenants.
11. Plaintiffs state that up to 1956 (when the surviving devisees
numbered 15) proceeds from the estate of the late Joseph Edward Mettle were distributed exclusively to the surviving devisees, to the absolute abandon of the Defendants of the deceased devisees, as and when they died, in the manner of a joint tenancy agreement.
13. Plaintiffs state, that on the death of the penultimate devisee in 1991,
the only surviving child, Christiana Ayelesah Nupka Mettle, in the manner of the joint tenancy arrangement, assumed, ownership of her late fath