ABDUL RAHMAN OSUMANU GIWAH AND 2 OTHERS
V.
BABA LADI

(2013) JELR 63677 (SC)    
Supreme Court  ·  CIVIL APPEAL. No J4/36/2013 ·  29 Jul 2013 ·  Ghana
CORAM
G. T. WOOD (MRS) C. J (PRESIDING), J. V. M. DOTSE JSC, ANIN-YEBOAH JSC, A. A BENIN JSC, J. B. AKAMBA JSC
Core Terms Beta
respondents
court of appeal
case
trial court
tudu house
houses
decision
decision of the ijc
high court
new town
cow lane
learned justices
respect of the cow lane house
statement of claim
burden of proof
distribution of the estate of the late fatima suka
estate of fatima suka
gift inter vivos
intestate succession law
respect of the new town house
trial court’s findings
virtue of sections
weight of evidence
1st respondent’s testimony
applicable law
basis of appellant
binding decision of the supreme court
contrary evidence
decision of the court
due consideration of the case
entire record
evidence act
evidence of that fact
family tree
great grand children of fatima suka
great grandmother of both parties
high court’s judgment
islamic law inheritance
issue of standard of proof
matter of the distribution of the estate
own cross examination
own views
part of the ijc decision
reason of violation of the constitution
respondents’ case
said committee
sole ownership
supreme court
uninterrupted possession of the tudu house
various parts of accra

BENIN, JSC

By an amended writ of summons filed at the High Court, Accra, the plaintiffs/respondents/respondents, hereinafter called the respondents, sought the under listed reliefs against the defendant/appellant/appellant, hereinafter called the appellant:

a) A declaration that both plaintiffs and defendant are great grand children of Fatima Suka (deceased).

b) An order for the parties to jointly take letters of administration to administer the estate of Fatima Suka.

c) An order for the distribution of the estate of the late Fatima Suka among legitimate beneficiaries.

d) An order to set aside the judgment of the Islamic Judicial Committee.

The respondents claimed that Fatima Suka who died in 1954 was the great grandmother of both parties in this case. At the hearing the family tree was traced and from the record it was clearly so established, as there was no contrary evidence. Whilst the respondents are the grandchildren of Ramatu Osumanu Fulani, the only female child of Fatima Suka, the a…

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