Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MARY AKYAA BOAKYE (SUBSTITUTED BY YAW BOAKYE ADDEI)
V.
THE PRESIDING BISHOP OF THE METHODIST CHURCH & 3 ORS

(2021) JELR 107921 (SC)    
Supreme Court  ·  J4/14/2021 ·  31 Mar 2021 ·  Ghana
CORAM
YEBOAH, CJ (PRESIDING) MARFUL-SAU, JSC AMEGATCHER, JSC OWUSU, JSC AMADU, JSC

Ratio Decidendi

Core Terms Beta
defendants
volta avenue
appeal
court of appeal
high court
evidence act
resulting trust
estoppel
instant case
ownership of house no.
conduct of plaintiff
decision of the high court
decision of the trial high court
grant of probate
learned justices of the court of appeal
original plaintiff
totality of evidence
weight of evidence
exhibit e series
late e. o. boakye
properties
purchase price
above fact
above presumption
amended writ of summons
brief facts of the case
claim of estoppel
defendants’ case
entire record of appeal
evidence of admissions
following exhibits
fundamental issue
issues of estoppel call
much money
name of the sister
own property
plaintiff claims
principle of law
rule of equity
second issue
sister of the said edward osei boakye
statement of case
subject matter of this appeal
trial exhibits
trial exhibits e series
trial high court’s decision
unanimous decision of the court of appeal
united states
will of edward osei boakye

JUDGMENT

MARFUL-SAU, JSC

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. 

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 1…

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