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ABADOO
V.
AWOTWI

(1973) JELR 63536 (HC)

High Court 19 Dec 1973 Ghana
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- The High Court upheld the validity of a samansiw (death-bed oral will) concerning self-acquired property, finding that the essential requirements are: (1) declaration made in anticipation of death; (2) concerning self-acquired property; (

Case Details

Judges:EDWARD WIREDU J.
Counsel:S. ANNANCY FOR THE PLAINTIFF; G. K. ACQUAH FOR THE DEFENDANT.
Other Citations:[1973] 1 GLR 393

EDWARD WIREDU J.

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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