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ADWOA KYEREWAA
V.
AKOSUA AKYAA AND 3 OTHERS

(2004) JELR 63503 (CA)

Court of Appeal 24 Jun 2004 Ghana
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- The Court of Appeal affirmed the High Court’s decision that the disputed house at Adweso-Koforidua forms part of the estate of Beatrice Asantewaa, having not been validly gifted inter vivos to the 1st Defendant, and should devolve to all

Case Details

Suit Number:CIVIL APPEAL NO. H/1 42/2004
Judges:FARKYE J.A. [PRESIDING], AKAMBA J.A., DOTSE J.A.
Counsel:S.K AMOAH FOR THE DEFENDANTS/APPELLANT; RAPHAEL ABOAGYE FOR PLAINTIFF/RESPONDENT.

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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