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AKWASI OPPONG & ANOR
V.
YACOUBU MANU & 3 ORS

(2024) JELR 112442 (CA)

Court of Appeal 18 Apr 2024 Ghana
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- The dispute arises from the management of the estate of the late Alhaji Yaw Manu, with Plaintiffs (deceased’s family members) asserting the properties are family property, while Defendants (deceased’s children) claim they are self-acquire

Case Details

Suit Number:CIVIL APPEAL NO.: H1/063/2024
Judges:GEORGINA MENSAH-DATSA (MRS), J.A. ALEX OWUSU-OFORI, J.A SAMUEL OBENG-DIAWUO, J.A
Counsel:D. F. KORSAH-BROWN ESQ. FOR THE PLAINTIFFS/ RESPONDENTS. KWAME A. BOAFO ESQ. FOR THE DEFENDANTS/APPELLANTS.

JUDGMENT

MENSAH-DATSA, JA.: This is an interlocutory appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the ruling of the High Court, Kumasi dated 5 July, 2019 dismissing the Defendants/Appellants Motion on Notice for an Order appointing the 1 Applicant, 1 Respondent and the Registrar of the High Court as Administrators pendent (sic) lite to manage and preserve the estate of the late Alhaji Yaw Manu and the properties in dispute and a further Order for the 1 Defendant who is in possession and control to account on his stewardship from 27/01/19 to the date of the Court’s ruling in favour of the Plaintiffs /Respondents (hereinafter referred to as Respondents).

The grounds of appeal are stated on page 111 of the Record of Appeal as follows:

  1. The trial Judge wrongly exercised his discretion when he appointed the 1 Plaintiff/Respondent as a Sole Administrator pendent (sic) lite in respect of the Estate of Alhaji Yaw Manu and further ordered the Defendants/Appel…

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