ABENYEWA AND ANOTHER
V.
MARFO AND OTHERS

(1972) JELR 63698 (HC)

High Court 28 Apr 1972 Ghana
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- The plaintiffs, who are minors, sued the defendants for a share of a cocoa farm left behind by their deceased father. - The plaintiffs' mother testified that the father had divided the farm into two and given half to all his children, but

Case Details

Judges:TAYLOR J.
Counsel:OSEI KWAKU FOR THE APPELLANTS; K. A. T. AMANKWAH FOR THE RESPONDENTS.
Other Citations:[1972] 2 GLR 153

TAYLOR J.: The plaintiffs-respondents hereinafter called the plaintiffs, all minors, sued the defendants-appellants hereinafter called the defendants per their mother and next friend Akosua Akyirem at the District Court, Mampong. Their claim endorsed on their application for the writ of summons is formulated as follows:

“The plaintiffs’ claim is for a share of cocoa farm left behind by the late Kwadwo Pensan (the father of the plaintiffs) for his whole children, of which the first and second defendants have refused to give to the plaintiffs their due share. The farm in question is lying, situate and being at Oponso in the Wassaw Traditional Area commonly known and called Bobkrom valued about N¢300.00.”

The first defendant is the head of family and the second defendant is the son of the said deceased.

The plaintiffs by their next friend, their mother, led evidence touching the facts grounding their claim. The relevant portion of her evidence is as follows:

“I know Dora Marfo, Afua Sarpong …

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