It is my opinion that the Government’s subsequent release of the property back to the “family” indicates that the underlying beneficial interest of the owner was not permanently destroyed or extinguished. Even though the late Baffour Owusu Amankwatia IV could not enjoy or possess the property during the period of confiscation, he nevertheless retained a residual or reversionary beneficial interest capable of transmission upon restoration. If the interest of the deceased had truly been extinguished absolutely in 1979 upon confiscation, there would ordinarily have been nothing capable of restoration to the family in 1992. To that extent, it is my opinion that the conclusion of the Court of Appeal that the interest of the late Baffour Owusu Amankwatia IV had been extinguished was without any legal basis. It was erroneous.
ALBERT OWUSU BAAH (SUBSTITUTED BY JOSEPH AKOTO ANSAH – HEAD OF FAMILY ) VRS MRS. AGNES OWUSU ASARE, ALEX OWUSU ASARE, SYLVESTER OWUSU ASARE & THERESAH ASARE OWUSU CIVIL APPEAL NO. J4/35/2025 29TH JULY, 2026 [2026] SLR (SC) 40 · Supreme Court · 2026 · ACKAAH-BOAFO JSC
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