[2024]DLCA17861November 28, 2024Court of Appeal

FRANK ANING BARFOUR @ FRANK ANING (AFFECTIONATELY CALLED FRANK ANING JNR) vs. GEORGINA BAFFOUR @ GEORGINA TWUMASIWAA

The respondent, son of the deceased Nana Kwabena Anin alias Baffour Nana Kwabena Aning, was born in 1984 in Germany where the deceased resided. The deceased acquired a plot of land in September 1984 in the name of the respondent, who was affectionately called Frank Aning Jnr. The property built on the land was initially operated as a Guest House by the deceased and later used as the matrimonial home by the deceased and the appellant, his widow. After the deceased's death in 2018, a dispute arose over ownership of the property, with the appellant claiming it as part of the deceased's estate and the respondent claiming it as an advancement from his father.

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JUDGMENT SUURBAAREH, J.A This appeal is a result of the dissatisfaction of the Defendant/ Appellant, called appellant hereafter, with the judgment of the trial High Court, dated 9th June 2023, in which the court granted the Plaintiff/ Respondent, simply called Respondent hereinafter, his claim to property No. BS114 Bechem, plot No: 11, BK B, Sector 1, Obosomase Nkwabeng-Bechem. The facts giving rise to this appeal are devoid of any complexities. The Respondent is the son of one Nana Kwabena Anin alias Baffour Nana Kwabena Aning or Baffour Kwabena Aning. The respondent was born in 1984, in Germany, where the father then resided. Nana Kwabena Anin Baffour @ Baffour Nana Kwabena Aning or Kwabena Aning Baffour, is now deceased. He died on 3rd November 2018, in Hamburg, Germany. The appellant, on the other hand, is the widow of Nana Kwabena Baffour Anin @ Baffour Nana Kwabena Aning or Kwabena Aning Baffour, who from hence, would be referred to as the deceased. The deceased, ...