[2009]DLSC2502 • July 27, 2009 • Supreme Court •
MADAM AKOSUA DUFIE & OR vs. MADAM AMMA FOSUA & OR
The dispute concerns ownership of a house and two cocoa farms. Plaintiffs, siblings and customary successors of the late Kwaku Poku, claimed the properties as family assets. Defendants, widow and son of the deceased, claimed the properties as self-acquired by Kwaku Poku. Evidence included claims of land acquisition, business proceeds used for construction, and family contributions. The trial and appellate courts found in favor of the plaintiffs, declaring the properties family assets.
read moreWOOD (MRS), CJ. : I agree with the opinions to be delivered by my learned brothers Atuguba, Ansah and Dotse JJSC and my learned sister Sophia Adinyira JSC. I have nothing useful to add. G. T. WOOD (MRS) (CHIEF JUSTICE) ATUGUBA, JSC: The surviving 2nd Plaintiff/Respondent/Respondent together with her late sister who was then the 1st Plaintiff got locked up with the defendants appellants/appellants in an estate dispute relating to the ownership of a house and two cocoa farms. Whilst the plaintiff claims that these are family properties the defendants claim they are all self-acquired properties of their late father and husband respectively. There are concurrent findings of fact on these matters in the High Court and Court of Appeal in favour of the plaintiff. It is trite law that an appellate court is not entitled to reverse concurrent findings of fact unless there are, in effect, strong legal or factual reasons to th...