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AMERLEY
V.
OTINKORANG AND ANOTHER

(1965) JELR 65230 (SC)

Supreme Court 18 Nov 1965 Ghana
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- The appellant filed a claim for a declaration of title and recovery of possession of several properties. - The first respondent is the lawful widow of the deceased and the second respondent is their eldest child. - The appellant claimed t

Case Details

Judges:SARKODEE-ADOO C.J,APALOO JSC,SIRIBOE J.S.C.
Counsel:HAYFRON-BENJAMIN (WITH HIM J. ARTHUR) FOR THE APPELLANT; NELSON COFIE FOR THE RESPONDENTS.
Other Citations:[1965] GLR 656

SARKODEE-ADOO C.J.

This is the judgment of the court on an appeal from a decision of the High Court which on 13 September 1961, dismissed a claim by the appellant for a declaration of title to and recovery of possession of a number of houses, cash and other personal properties set out in the writ. Without going deeply into the facts, the evidence shows that the late E. B. Otinkorang lived for many years in Teshie and died intestate at Accra on 11 June 1959, possessed of considerable property. The first respondent is his lawful widow having been married to the deceased under the provisions of the Marriage Ordinance. The second respondent is the eldest child and issue of that marriage. Upon the death of her husband, the first respondent took out letters of administration and it would seem that it was while she was in the course of administering the estate that the appellant found cause to commence this action. The latter claimed that some of these properties belonged to the Atwei Otofoyo…

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