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LESLIE NARTEY MARBELL & ANOR. VRS SALAMATU MARBELL

(2020) JELR 92046 (SC)

Supreme Court 28 Oct 2020 Ghana
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- Supreme Court upheld the Court of Appeal’s decision that the appellant failed to establish a valid donatio mortis causa (deathbed gift) regarding the disputed property; mere joint ownership and possession of lease documents were insuffici

Case Details

Suit Number:CIVIL APPEAL NO. J4/15/2020
Judges:DOTSE, JSC (PRESIDING) , APPAU, JSC , PWAMANG, JSC , DORDZIE (MRS.), JSC , KOTEY, JSC
Counsel:C. AMON-KOTEI FOR THE PLAINTIFFS/APPELLANTS/RESPONDENTS. ALI GOMDAH ABDUL-SAMAD FOR THE DEFENDANT/RESPONDENT/APPELLANT.

JUDGMENT

DORDZIE (MRS.) JSC

Facts: The appellant Mrs. Salamatu Marbell is the widow of Victor Adolphus Tsate Marbell. The couple were the joint owners of House Number 29 Mensah Wood Street East Legon. In 1982, the couple migrated to England where they both acquired citizenship. They never came back to Ghana until Mr. Marbell died intestate on 7th February 2009. The appellant per an attorney applied and obtained Letters of Administration to administer the estate of her late husband here in Ghana. Her position is that the late husband made a deathbed gift of his interest in N0. 29 Mensah Wood Street to her; therefore, she is the sole owner of the said property

The respondents are biological sons of Mr. Marbell (deceased) by different women. They maintain the property, No.29 Mensah Wood Street is family property and they have interest in the property as well. The appellant therefore has no right to obtain Letters of Administration without involving the family and cannot claim sole ownership…

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