JACQUELINE ASABERE AND ANITA ASABERE V. JOHNSON ABOAGYE ASIM

JUDGMENT

AYEBI, JA

1. This is an appeal against the judgment of a Kumasi High Court in which the trial judge dismissed the claim of the plaintiffs/appellants based on a gift inter vivos and upheld the counter-claim of the defendant, an executor of the Will of the testator.

2. The testator Yaw Anim Asabere (deceased), was the father of the plaintiffs. The testator and plaintiff’s mother (PW1) were divorced. The case of the plaintiffs is that, their father squandered huge sums of their mother’s money on the pretext that the money was stolen. When their father’s dishonesty was found out and exposed, he promised to gift to the plaintiffs two rooms and a store as a compensation in the building he was putting up at Dompoase, Kumasi.

3. Indeed on completion of the building, their father fulfilled the promise by giving them a room each and a store to the 2^nd plaintiff who is a seamstress. Immediately they gave an aseda and took possession of the rooms and the store. The 2^nd plaintiff had since be…