EDWARD FYNN-SACKEY vs. IRENE FYNN OPOKU AND RAPHAEL FYNN-SACKEY

JUDGMENT ANTHONY OPPONG, JA The plaintiff/appellant, hereafter to be referred to simply as appellant and the defendants/respondents, hereafter to be referred to also as respondents, are children of Emmanuel Fynn-Sackey who died intestate on the 2nd day of August 2016. In the life time of the late Emmanuel Fynn-Sackey, he acquired House Number J81 Buade, Nungua in the name of the appellant. The appellant contended therefore that his late father intended that property as a gift to him; invoking the principle of presumption of advancement of that property in his favour. When letters of administration in respect of the estate of their deceased father were to be applied for, the applicants sought to list the H/No J81 as part of the inventory of the estate of the late Emmanuel Fynn-Sackey. The appellant protested and the dispute arising therefrom culminated in the suit the appellant instituted against the respondents by which the appellant sought for a declaration that in a.....