A. L. BOAKYE OF APAGYA AND MR AGYAPONG OYOKO
V.
ATTA GYAMFI AND MARY BOAKYE

(2016) JELR 63521 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/05/2015 ·  19 Jul 2016 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A , A. M. DOMAKYAAREH (MRS) J.A
Core Terms Beta
plaintiffs
defendants
late konadu yiadom bonsu
appellants
konadu yiadom bonsu
additional grounds of appeal
ground floor
grounds of appeal
late atta kwame
record of appeal
statement of defence
evidence of dw1
evidence of dw2
judgment of the high court
leave of the court
trial judge
appeal
appellate court
entire building
ground floor of the house
instant appeal
notice of appeal
points of law
preponderance of probabilities
presence of the odikro of anomangye
said allocation paper
state of affairs
weight of evidence
acquisition of the said plot
anomangye-kumasi
block c
case of the plaintiffs
children of the late atta kwame
cross-examination
evidence of pw1
father of the plaintiffs
favour of the plaintiffs
full trial
ground floor of the building
high court
konadu yiadom boakye
permanent feature
plot no.
receipt of the record of appeal
respondents’ case
substrata of the appeal
support of any ground of objection
whole ground floor
will of the deceased konadu yiadom boakye

DOMAKYAAREH (MRS),J. A.

1. This is an appeal from the judgment of the High Court, Kumasi dated 4th February 2014 which went in favour of the plaintiffs therein.

The substrata of the appeal lay in the Estate of one Konadu Yiadom Boakye. The plaintiffs contested some devise in the Will of the deceased Konadu Yiadom Boakye.

The case of the plaintiffs/respondents as deduced from the Record of Appeal is that:

The plaintiffs/respondents are siblings, their father being the late Atta Kwame. They instituted the suit at the High Court on behalf of themselves and on behalf of the other children of the late Atta Kwame. The defendants/appellants are the Executors of one late Konadu Yiadom Bonsu. The late Konadu Yiadom Bonsu was the nephew (maternal) of the late Atta Kwame, father of the plaintiffs/respondents.

The plaintiffs’/respondents’ case is that their father, the late Atta Kwame acquired plot No. 65 Block C, Anomangye-Kumasi and constructed the ground floor of the building on the land for the pl…

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