[2024]DLCA17741 • May 9, 2024 • Court of Appeal
EMMANUEL TETTEH (SUBTITUTED BY EDWARD MARTEY TETTEH) vs. JAMES SANKA TETTEH & 2 ORS
The Plaintiff, head of the Tetteh family of Prampram, claimed that the disputed property, House No. B336/18 Bubiashie, Accra, was family property originally owned by Sophia Morkor Tetteh who died in 1978. The Plaintiff challenged a will by Robert Kodi Darpoh that purported to devise the property to certain beneficiaries, asserting the will was void as the property devolved on the family. The 3rd Defendant contended that Sophia Morkor Tetteh gifted the property to his late father, Robert Kodi Darpoh, in 1972, supported by evidence of possession and tenancy agreements. The 1st and 2nd Defendants admitted the Plaintiff's claim and did not contest the suit.
read moreJUDGMENT STEPHEN OPPONG, JA This is an appeal against the judgment of the High Court, Probate and Letters of Administration Division, sitting in Accra held on the 28th day of April 2022. Dissatisfied with the aforesaid judgment, the Defendant/Appellant herein appealed against the judgment of the High Court on the following grounds: a. That the judgment dated 28th April, 2022 is against the weight of evidence. b. Further grounds of appeal may be filed upon receipt of record of appeal. For the purposes of this appeal, the parties herein shall maintain their respective designations at the court below. In that regard, the Plaintiff/Respondent shall hereinafter be referred to as the Plaintiff whereas the 3rd Defendant/Appellant shall be referred to as the 3rd Defendant. The 1st and 2nd Defendants who are not parties to this appeal shall maintain their designations as 1st and 2nd Defendants. The Plaintiff herein instituted the action which has culminated in this appeal on the 30th da...