MARY AKYAA BOAKYE (SUBSTITUTED BY YAW BOAKYE ADDEI) vs. THE PRESIDING BISHOP OF THE METHODIST CHURCH, THE ANGLICAN BISHOP OF THE DIOCESE OF KUMASI, THE CATHOLIC BISHOP OF KONONGO MAMPONG, ASHANTI AND EDWARD OSEI BOAKYE TRUST FUND [2021]DLSC10169

MARY AKYAA BOAKYE (SUBSTITUTED BY YAW BOAKYE ADDEI) vs. THE PRESIDING BISHOP OF... [2021]DLSC10169

Date	2021-03-31
Suit No.	CIVIL APPEAL NO. J4/14/2021
Citation No.	[2021]DLSC10169

YEBOAH CJ (PRESIDING)

MARFUL-SAU JSC

AMEGATCHER JSC

OWUSU JSC

AMADU JSC

KWABENA BOYE ADJEKUMHENE FOR THE PLAINTIFFS/APPELLANTS/RESPONDENTS.

DANIYAL ABDUL KAREEM WITH HIM AMINA ALI ISSACHAR FOR THE DEFENDANTS/RESPONDENTS/ APPELLANTS.

[2021]DLSC10169
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													<main id="main" class="content" style="min-height: 60rem" >MARY
AKYAA BOAKYE (SUBSTITUTED BY YAW BOAKYE ADDEI)<o:p></o:p>(PLAINTIFF/APPELLANT
/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>THE PRESIDING BISHOP OF THE METHODIST
CHURCH, THE ANGLICAN BISHOP OF THE DIOCESE OF KUMASI, THE CATHOLIC BISHOP OF &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;KONONGO MAMPONG,
ASHANTI AND EDWARD OSEI BOAKYE TRUST FUND<o:p></o:p>(DEFENDANTS/RESPONDENTS/ APPELLANTS)<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
.0001pt;mso-add-space:auto;text-align:center;line-height:115%;border:none;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CIVIL APPEAL NO. J4/14/2021&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
31ST MARCH, 2021<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABENA BOYE
ADJEKUMHENE FOR THE PLAINTIFFS/APPELLANTS/RESPONDENTS.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">DANIYAL
ABDUL KAREEM WITH HIM, AMINA ALI ISSACHAR FOR THE DEFENDANTS/RESPONDENTS/ APPELLANTS.<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<o:p></o:p>YEBOAH CJ (PRESIDING), MARFUL-SAU JSC, AMEGATCHER JSC, OWUSU JSC, AMADU
JSC <o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;MARFUL-SAU, JSC: - <o:p></o:p>This appeal is taken against the unanimous
decision of the Court of Appeal dated the 26th of July 2018, which
in part affirmed the decision of the trial High Court. The Court of Appeal,
however, reversed the trial High Court’s decision on the ownership of House No.
29 Volta Avenue, Kumasi which was devised in the Will of Edward Osei Boakye
(deceased testator) to the original plaintiff in this action a sister of the
said Edward Osei Boakye for life. In this appeal, we intend to give the parties
the same designation as they had at the trial High Court, such that, the
original plaintiff and the substitute, will be referred to as plaintiff. It is
noted that the original plaintiff, Mary Akyaa Boakye died during the pendency
of the action and was substituted by her son Yaw Boakye Addei. <o:p></o:p>The brief facts of the case are that by an amended
writ of summons issued on the 13th January 2016, the plaintiff
alleged that Edward Osei Boakye in his last will and testament dated 10th
May 1997, included properties which did not belong to him. Among the properties
was House No. 29 Volta Avenue, Kumasi, which the plaintiff contended was her
own property. The High Court, at the end of the trial dismissed the plaintiff
claims and entered judgment on the counterclaim for the defendants, who are the
Executors of Edward Osei Boakye.<o:p></o:p>The plaintiff lodged an appeal against the decision
of the trial High Court in the Court of Appeal, which affirmed the decision of
the High Court, but reversed the decision concerning the ownership of House No.
29 Volta Avenue, Kumasi. The Court of Appeal in its judgment held that the said
property was the self-acquired property of the plaintiff having acquired same
in 1970. The Court of Appeal thus rejected the claim by the defendants that the
property was actually acquired by the late E. O. Boakye, but did so in the name
of the sister for security reasons.<o:p></o:p>The defendants being aggrieved with the decision
of the Court of Appeal mounted this appeal praying this Court to set aside the
decision that House No. 29 Volta Avenue, Kumasi, was acquired by the plaintiff.
This appeal therefore relates to the ownership of House No. 29 Volta Avenue,
Kumasi. The Notice of Appeal filed on 3rd August 2018 by the
defendants contained two grounds of appeal, namely:-<o:p></o:p>“1. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The part of the judgment declaring the
Plaintiff /Appellant/ Respondent as owner of House No. 29 Volta Avenue, Nhyiaeso&nbsp; Kumasi, is against the weight of evidence before
the Court of Appeal.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the Court of Appeal erred when it
held that House No. 29, Volta Avenue, Nhyiaeso, Kumasi, was the property of the
plaintiff/Appellant/ Respondent.<o:p></o:p>The defendants’ case is that House No. 29 Volta
Avenue Kumasi, the subject matter of this appeal, was acquired by E.O. Boakye
and same devised to the plaintiff for her life in the last Will of the said
E.O. Boakye. According to the defendants, E.O. Boakye acquired the property in
the name of the plaintiff for security reasons. The defendants posited that
plaintiff’s actions and conduct for 9 years after the grant of probate makes it
evident that she had no real ownership interest in the property. They tendered
during the trial Exhibits 2,6,10,11,12,13 and 14 as evidence of admissions made
by the plaintiff, all of which were adverse to the interest she sought to
assert in court. The defendants argued that for a period of 9 years after the
grant of probate, the plaintiff conducted herself in relation to the estate of
E. O. Boakye in such a manner that she is estopped from claiming ownership to
the property in dispute.<o:p></o:p>