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ABENA OFORIWAA & 2 OTHERS
V.
OP KOFI APPIAH (DECEASED) & ANOR

(2020) JELR 114375 (CA)

Court of Appeal 10 Jun 2020 Ghana
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- Opanin Kofi Oduro died intestate in 1963; the plaintiffs (his children) claimed title to House No. TC 37, New Tafo, while the defendants (members of his matrilineal family) counterclaimed, alleging the property was family property. - Plai

Case Details

Suit Number:H1/09/2020L
Judges:SOWAH J. A. (PRESIDING), SUURBAAREH J.A., MENSAH-HOMIAH J. A.
Counsel:ASANTE BEKOE FOR THE PLAINTIFFS/APPELLANTS D.F. KORSAH BROWN FOR THE DEFENDANTS/RESPONDENTS
Location:Koforidua
Other Citations:[[2020]DLCA15099], (2020) JELR 114376 (CA)

JUDGEMENT

MENSAH-HOMIAH (MRS.)

This is an appeal by the Plaintiffs-Appellants (hereinafter referred to as the Appellants), against the Judgment of the Circuit Court, Koforidua, dated 29th November, 2018 in favour of the Defendants-Counterclaimants- Respondents (hereinafter referred to as the Defendants).

THE FACTS OF THE CASE

The key facts in this appeal are that one Opanin Kofi Oduro, father of the Plaintiffs, died intestate in 1963 and letters of administration consequently granted in respect of his estate. The defendants are the children of one Maame Abena Gyamfuaa (deceased), a sister of Opanin Kofi Oduro, (decd.). The original defendants died and were accordingly substituted. During the lifetime of Opanin Kofi Oduro, he shared his properties among his wives and children. However, the disputed property which is said to have been built by Opanin Kofi Oduro and his late mother was not gifted to his children and/ or wives.  In 1963 when Opanin Kofi Oduro died, the disputed building compr…

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