Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1973) JELR 63536 (HC)    
High Court  ·  19 Dec 1973 ·  Ghana
Other Citations
[1973] 1 GLR 393

Ratio Decidendi

Core Terms Beta
late armah
rev. mr. sekyiama
late husband
textbook writers
defendant’s first witness
mame awonaba
second witnesses
such dispositions
deceased’s house
customary law requirements of samansiw
fifth witnesses
member of the family
plaintiff claims
said dispositions
sister of the late armah
administration of his properties
alleged document
contents rev. mr. sekyiama
cousin of the late armah
day exhibit a
death of her husband
defendant’s children
edward wiredu j.
evidence of the alleged customary disposition
exact point
final obsequies of mr. armah
following dispositions
following issues
good friend of the late armah
house no. e.49
husband j. w. armah
late jacob william armah
late j. w. armah
native customary law
nature of the gift
nobody present
notice of the family gathering
own views
plaintiff’s case
presence of rev. mr. sekyiama of the anglican church
properties of the late armah
samansiw native
savings bank accounts
supporting statement of claim
support of her case
whole period of her late brother
will of a deceased member
wishes of the late armah


By her writ of summons issued out of this court on 15 February 1972, the plaintiff claims against the defendant as follows:

“A declaration that the plaintiff is entitled to:
(1) An uncompleted two storey building situate at Jukwa Road, adjacent to House No. E.49/4, Jukwa Road, Cape Coast.
(2) A share in the rents collected from the outhouse of House No. E.49/4 Jukwa Road formerly occupied by the plaintiff and her husband J. W. Armah after deduction of rates and taxes.
(3) All moneys in the savings bank accounts at the Standard Bank of West Africa Limited, belonging to the late J. W. Armah.
(4) An equal share with the defendant in the post office savings accounts after deduction of N¢200.00 for other beneficiaries. Such dispositions having been made to the plaintiff by the late Jacob William Armah by samansiw native will.”

In her supporting statement of claim filed some time later, the plaintiff pleaded that before the death of her husband, the late Armah, the latter cal…

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