Ratio DecidendiRatio DecidendiRatio Decidendi



ANIM-ADDO AND OTHERS
V.
ADDAE-MENSAH AND OTHERS

(1996) JELR 65299 (HC)    
High Court  ·  9 Feb 1996 ·  Ghana
 · 
Other Citations
[1995-96] 1 GLR 15
CORAM
BENIN JA

Ratio Decidendi

Core Terms Beta
preliminary issue
high court
plaintiffs’ writ
account of the income
ln 140a
fourth defendants
defence counsel
accounts of moneys
matter of practice applicants annex affidavit
res judicata
disbursement of such moneys
question of accounts
benin ja
preliminary question
civil procedure
fifth defendants
order
defence
such matters
personal estate
question of this action
application
hearing of the application
plaintiffs
preliminary issues
affidavit
counsel
acceptable form
claim
view
such preliminary matter
acceptable evidence
court
accounts
summons
applicant
disbursement
evidence
part
defendants
rules
respondent
statement of claim
reasons
words
defendant
appearance
place of a defence
endorsement
plaintiff

BENIN JA.

The endorsement on the plaintiffs’ writ of summons sued out on 3 August 1995, reads:

(i). “The plaintiffs, as children of the late Patrick Kwaku Anim-Addo, claim from the first to fourth defendants as executors of the deceased jointly and severally an account of the income and disbursement made from the residuary real and personal estate as provided in clause (iv) of the will.
(ii). The plaintiffs, as children of the late Patrick Kwaku Anim-Addo claim from the second and fifth defendants jointly and severally accounts of moneys received and disbursement of such moneys from Kwamin Trading Co as provided in clause III of the will of Patrick Kwaku Anim-Addo.”

A statement of claim has also been filed. The claims are basically for accounts. On 30 August 1995 the plaintiffs put in an application for an order for accounts under Order 15 of the High Court (Civil Procedure) (Amendment) (No 2) Rules, 1977 (LI 1129) supported by an affidavit. There was also an affidavit in opposition in w…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login