[2022]DLSC11683 • July 20, 2022 • Supreme Court •
DAVID OKAE ANSAH AND EVA ANSAH vs. COMFORT ANSAH
The parties, uterine siblings, disputed ownership of two properties acquired by their late mother Agnes Temah in the names of the 1st and 2nd Plaintiffs. Upon Agnes Temah's death, her estate was managed by their sister Theresa Derkyi, succeeded by the Defendant. The Plaintiffs alleged the Defendant treated the properties as her own, despite a family resolution in favor of the Plaintiffs. The Plaintiffs claimed title to the properties as gifts from their mother, recovery of possession, injunctions against interference, and accounting for rents and cocoa proceeds. The Defendant denied the claims, asserting the properties formed part of their late mother's estate and counterclaimed ownership by succession.
read moreOWUSU (MS.) JSC:- On 29th April, 2021, the Court of Appeal, Kumasi dismissed the Defendant/Appellant’s appeal and affirmed the Judgment of the High Court dated 19th February 2020. Dissatisfied with the decision of the Court of Appeal, the Defendant/Appellant filed an appeal to the Supreme Court on the following grounds: a. That the Judgment is against the weight of evidence. b. That the Court below erred in holding that Plot. No. 12 Block XXIII, New Amakom Extension was held in trust for the 1stPlaintiff/Respondent/Respondent. c. That the Court below erred in holding that Plot No, 10 Block ‘B’ Asokwa was held in trust for the 2nd Plaintiff/Respondent/Respondent. d. That the Court Below erred in holding that 1st Plaintiff/Respondent/Respondent is the successor in title of the estate of Opanin Afari Mintah. e. That the Court below erred in not granting the Defendant/Appellant/Appellant her Counterclaim. f. Additional issues will be canvassed upon receipt of the record ...