judy.legal
Login Register

BISI AND OTHERS V. KWAYIE

(1988) JELR 68044 (SC)

Supreme Court  •  8 Nov 1988  •  Ghana

Coram
TAYLOR JSC,FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI J.S.C. ,OSEI-HWERE J.A.

Judgement

TAYLOR J.S.C: This is an application for a review of the judgment of this court in Bisi v. Tabiri alias Asare [1987-88] 1 G.L.R. 360, S.C. delivered on 25 June 1987 in which the claim of the respondent herein was sustained and the appeal by the applicants was dismissed. Reasons for the said judgment were given on 28 July 1987. The judgment was a three to two majority judgment in favour of the respondent and by the said judgment a land with buildings therein was declared family property and its disposal by a testator whose executors and children are the applicants herein was consequently adjudged incompetent.

The majority judgment was given by Osei-Hwere J.A. and it was concurred in by Wuaku and Amua-Sekyi JJ.A. (as they then were).

Francois J.S.C. and I took a minority view, which we still hold, that the land with the buildings was the self-acquired property of the testator and in our opinion its disposal by the testator in his will was therefore unexceptionable. The consideration which…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login