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ALBERT OWUSU BAAH SUBST. BY JOSEPH AKOTO ANSAH
V.
MRS. AGNES OWUSU ASARE & 2 ORS

(2024) JELR 112443 (CA)

Court of Appeal 9 May 2024 Ghana
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- The plaintiff, as nephew and customary successor of Baffour Owusu Amankwatia, challenged the validity of Letters of Administration and title deeds obtained by the defendants (the deceased’s wife and children) over House No. 63, Mbrom-Kuma

Case Details

Suit Number:CIVIL APPEAL NO. H1/048/2024
Judges:G.S. SUURBAAREH, JA ERIC BAAH, JA CHARLES EDWARD EKOW BAIDEN, JA
Counsel:VIVIAN MFODWA GYAN WITH MANDI AWURABENA ABAKA FOR PLAINTIFF/RESPONDENT PRISCILLA AMPONSAH DUAH FOR DEFENDANT/APPELLANTS
Location:Kumasi

JUDGMENT

SUURBAAREH, JA: This is an appeal against the decision of the High Court, Kumasi dated 12 January, 2023. In this judgment the parties will maintain their designation in the Court below.

The original Plaintiff, on 28 August, 2006, issued out a writ, in his capacity as the nephew and customary successor of the late Baffour Owusu Amankwatia alias A.A. Owusu, and also on behalf of his family, claiming the following reliefs against the defendants, who are the surviving spouse and children of the late Baffour Owusu Amankwatia @ A.A. Owusu:

“1. A declaration that the Letters of Administration obtained by the defendant(sic) herein in respect of the estate of the late Baffour Owusu Amankwatia alias A.A. Owusu was fraudulently obtained.

2.. A declaration that the defendants fraudulently used the said Letters of Administration of the late Baffour Owusu Amankwatia @ A.A. Owusu to acquire legal ownership in Plot No. 63, Mbrom-Kumasi.

3.  An order for the cancellation of the Letters of Administ…

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