[2024]DLSC17716 • April 24, 2024 • Supreme Court •
CAROLINE OTOO vs. NORA ODOFOLEY OTOO (SUBST. BY MERCY DESAH LOKKO)
The case concerns a property dispute arising from a divorce settlement between Susana Korkoi Otoo and Joseph Kabufio Otoo. The plaintiffs, children and beneficiaries of Susana, claimed that a property at Kotobabi was settled on their mother by agreement during the divorce proceedings. The defendants, executors of Joseph's estate, denied this, asserting no binding settlement was made regarding the Kotobabi property. The dispute centers on whether the property was effectively settled on Susana and forms part of her estate.
read moreJUDGMENT GAEWU JSC: This is an appeal by the Plaintiffs/Appellants/Appellants (hereinafter referred to as “the Plaintiffs”) against the judgment of the Court of Appeal, Accra dated 4th day of December 2013 which affirmed the judgment of the High Court, Accra dated the 2nd day of May 2012 in favour of the Defendant/Respondent/ Respondent (hereinafter referred to as “the Defendant”). BACKGROUND On 5th July 1985, H/L A. K. B. Ampiah, J, (as he then was) in a divorce suit in Suit No. D & MC.49/84 intituled: Mrs. Susana Korkoi Otoo (Petitioner) v. Joseph Kabufio Otoo (Respondent) recorded the day’s proceedings as follows: “Dr. Acheampong for the Petitioner Mingle for the Respondent Hearing: Dr. Acheampong: We have agreed that the Respondent release the property situated at Kotobabi to the Petitioner so that half of the land measuring 82 feet by 180 feet containing the proposed building of the Respondent’s daughter Margaret Otoo which is affected by a judgm...