MARY AKYAA BOAKYE (SUBSTITUTED BY YAW BOAKYE ADDEI) vs. THE PRESIDING BISHOP OF THE METHODIST CHURCH, THE ANGLICAN BISHOP OF THE DIOCESE OF KUMASI, THE CATHOLIC BISHOP OF KONONGO MAMPONG, ASHANTI AND EDWARD OSEI BOAKYE TRUST FUND

The plaintiff, Mary Akyaa Boakye, later substituted by her son Yaw Boakye Addei, alleged that House No. 29 Volta Avenue, Kumasi, included in the Will of Edward Osei Boakye, was her self-acquired property and not part of the testator's estate. The defendants, executors of the estate, contended the property was acquired by the testator in the plaintiff's name for security reasons and was part of the estate devised to the plaintiff for life. The High Court dismissed the plaintiff's claim, but the Court of Appeal reversed on ownership, declaring the property plaintiff's self-acquired property. The Supreme Court reviewed the evidence to determine rightful ownership.

MARFUL-SAU, JSC: - This appeal is taken against the unanimous decision of the Court of Appeal dated the 26th of July 2018, which in part affirmed the decision of the trial High Court. The Court of Appeal, however, reversed the trial High Court’s decision on the ownership of House No. 29 Volta Avenue, Kumasi which was devised in the Will of Edward Osei Boakye (deceased testator) to the original plaintiff in this action a sister of the said Edward Osei Boakye for life. In this appeal, we intend to give the parties the same designation as they had at the trial High Court, such that, the original plaintiff and the substitute, will be referred to as plaintiff. It is noted that the original plaintiff, Mary Akyaa Boakye died during the pendency of the action and was substituted by her son Yaw Boakye Addei. The brief facts of the case are that by an amended writ of summons issued on the 13th January 2016, the plaintiff alleged that Edward Osei Boakye in his last will and testament dated .....