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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

  • Probate and Succession
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

The case arises from a dispute over the estate of Joseph Edward Mettle, who died in 1917 in Adeiso leaving a will to be executed by his eldest child, Isaac Annan Mettle. On appeal from the High Court, Accra, the Appellants—children of Christiana Ayelesah Nukpa Mettle—seek declarations that the estate crystallized into Christiana’s sole property upon the 1991 death of penultimate devisee Saul Annan Mettle, making it no longer family property, together with recognition as lawful applicants for Letters of Administration and injunctive relief against other members of the Annan Mettle family. They also assert that the “Full Swing Factory” property at H/No.D/726/3, Kadiri Zongo Lane, Accra was acquired solely from estate funds. The Respondents dispute these claims, pleading estoppel based on a 2008 Land Valuation Board letter and a 2008 family resolution, and relying on a 1956 agreement treating proceeds as tenants in common and a 2010 distribution of land near Adeiso. The trial court set specific issues for determination; the excerpt does not state the outcomes.

JUDGMENT