ASIEDUA
V.
KORANTENG AND OTHERS

(1980) JELR 65437 (HC)    
High Court  ·  30 Oct 1980 ·  Ghana
 · 
Other Citations
[1980] GLR 512
CORAM
APATU-PLANGE J.
Core Terms Beta
plaintiff
summons
defendants
instrument
person
case
cestui que trust
originating summons
counsel
dispute
deed
estate of the late geofrey francis djomoah
customary heir of a deceased person
customary successors
instant case
present originating summons
said document
virtue of article
widow of the late geofrey francis djomoah
administration of the estate of her late husband
administrators of a deceased person
apatu-plange j.
civil procedure
declaration of the rights of the persons
determination of any question of construction
determination of such question of construction
determination of the following questions
determination of the question
devisee legatee
family property
following questions
gist of the whole case
high court
intestate succession
learned author
ordinary sense of the word
originating summons returnable
osborne concise law dictionary
philip owusu koranteng
property of a deceased member of the family
question of construction of a statute
reasonable share of the said estate
reply counsel
rights of any person
said originating summons
stephen amankwaa
such beneficiary
such person
trust of any deed
virtue of the attached regulations of the presbyterian church

APATU-PLANGE J.: On 18 September 1980, the plaintiff herein who claims to be the widow of the late Geofrey Francis Djomoah applied by originating summons for the determination of the following questions:

(1) That by virtue of article 32 (2) of the Constitution, 1979, the plaintiff who is the widow of the deceased is entitled to one-third of the estate of the said Geofrey Francis Djomoah, being a reasonable share of the said estate.

(2) By virtue of the attached regulations of the Presbyterian Church which was subscribed to by the deceased, the plaintiff is entitled to one-third of the estate upon the inventory of the estate of the deceased.

The plaintiff in her application stated clearly that the originating summons has been taken under Order 54, r. 15 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A).

Before this originating summons could be heard, the defendants filed a motion asking this court to strike out the said originating summons as being inappropriate in the circumstan…

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