[2024]DLCA17903December 23, 2024Court of Appeal

MS. CARMEN BODOM SUING FOR HERSELF AND ON BEHALF OF HER SIBLINGS vs. FRANCISCA KWAFFIE A.K.A & 2ORS.

JUDGMENT MENSAH-HOMIAH, JA. INTRODUCTION This appeal against the Judgment of the High Court, Kumasi, delivered on 12th October 2022, invites a consideration of whether property gifted inter vivos and transferred by way of a deed can be considered as part of the estate of a deceased intestate. Another interesting subject which will be discussed is how a personally acquired property of an individual family member can be transformed into family property. We would also touch on letters of administration, caveats, and the legal effect of an unregistered vesting assent, among others. For ease of reference, the designations of the parties at the court below would be maintained. Thus, the plaintiff/appellant and defendants/respondents will hereafter be described as plaintiff and defendant(s), respectively. FACTS Briefly stated, these are the relevant facts on which the instant appeal turns. The parties, except the 2nd defendant, are the children of the late Comfort Bodom, ali...