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ABUSUAPANIN ANINI SASU II
V.
PAUL AMEYAW & 3 ORS

(2023) JELR 112313 (CA)

Court of Appeal 29 Jun 2023 Ghana
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- The Appellant, as the head of the Amoakare Aduana family, filed a claim in the High Court of Nkawkaw for ownership of two properties. - The Appellant argued that the properties were initially acquired by Samuel Kwabena Ameyaw and left to

Case Details

Suit Number:H1/07/2022
Judges:M. WELBOURNE (MRS.), J.A (PRESIDING) A. OPPONG, J.A E. ANKAMAH, J.A
Counsel:ALFRED A. BOTIA FOR PLAINTIFF/APPELLANT; KOFI FRIMPONG MANSO FOR DEFENDANT/RESPONDENT.
Location:Accra

JUDGMENT

E. ANKAMAH, J.A

In a Notice of Appeal, the Plaintiff/Appellant requests that this Court vacates the judgment of the High Court of Nkawkaw dated May 6, 2021 on the following grounds:

a. The judgment is against the weight of evidence

b. The learned trial judge fell into an error when he interpreted paragraph 38 which was to the effect that such properties should be dealt with according to his customary law as meaning that the properties should be dealt with according to PNDCL 111.

PARTICULARS OF ERROR OF LAW

Failure to recognize that PNDLC 111 only deals with intestacy and does not apply to wills

c. The judge erred in law when he declared that the vesting assent is valid

PARTICULARS OF ERROR OF LAW

Failure to recognize that all children and maternal family of the testator had to agree before the property devised unto them in the will could be vested unto any other person

d. Other grounds of appeal will be filed upon receipt of the full record of appeal.

For clarity, the Plaintiff/Appellan…

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