ADWOA KYEREWAA
V.
AKOSUA AKYAA AND 3 OTHERS

(2004) JELR 63503 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H/1 42/2004 ·  24 Jun 2004 ·  Ghana
CORAM
FARKYE J.A. [PRESIDING], AKAMBA J.A., DOTSE J.A.
Core Terms Beta
1st defendant
plaintiff
defendants
mother
evidence
gift
2nd defendants
learned trial judge
writ of summons
representative capacity
3rd defendant
d. w.
family meeting
gift of the house
ground of appeal
trial court
first defendant
high court
order of the court
statement of claim
uncompleted house
1st defendants aseda
4th defendant
above judgment
additional grounds of appeal
administration of the said estate
ample evidence
clear indication
death of beatrice asantewaa
deceased members
evidence shows
facts of this appeal
facts of this case
following piece of evidence
ghana muslim representative council vrs
g.l.r. s.c.
great care
head of family of beatrice asantewa
house no. b
learned judge
matrimonial home of a deceased husband
others of the defined class
plaintiffs claim
played leading roles
plot of land
possessory right of occupation
respect of the kwabeng house
said houses
state of suspicion
time of his death

JUDGMENT

DOTSE, J.A.

The facts of this case admit of no complexity whatsoever. Briefly stated, the facts of this Appeal are that, the Plaintiff/Respondent, hereinafter referred to as the Plaintiff, commenced action in the High Court, Koforidua against the Defendants/Appellants, hereinafter referred to as the Defendants.

The reliefs which the Plaintiff claimed against the Defendants in the trial court are as follows:—

(a) "A declaration that the uncompleted house at Adweso-Koforidua and the house at Kwabeng known as House No. B/107 the property of the late Afua Nkrumah alias Beatrice Asantewa is now the property of all her five children namely Adwoa Kyerewa alias Susuana Tufour Mrs. Akosua Akyaa, Kofi Boateng, Kwasi Osei, and Yaw Gyetua."

(b) An order of the court restraining the Defendants from dealing with the said houses as though they were the only owners."

(c) "An order of the court for the estate of the late Afua Nkrumah alias Beatrice Asantewa to be shared among all her five children …

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