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AWUDU BAWA & 2 ORS
V.
OPAMANGO COMPANY LTD & 3 ORS

(2024) JELR 112445 (CA)

Court of Appeal 26 Oct 2024 Ghana
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- The dispute arose among the children of the late Bawa Kano over redevelopment of a property inherited intestate, with contention about whether all beneficiaries consented to a Build, Operate and Transfer (BOT) agreement entered into by tw

Case Details

Suit Number:CIVIL APPEAL: NO: H1/147/2023
Judges:PATRICK KWAMINA BAIDEN, JA ANGELINA MENSAH-HOMIAH (MRS.), JA SAMUEL OBENG-DIAWUO, JA
Counsel:MAGIDU IBRAHIM ESQ. FOR THE PLAINTIFFS/APPELLANTS KENNEDY KWARTENG ESQ. FOR THE 1ST DEFENDANT/RESPONDENT
Location:Kumasi

J U D G M E N T

KWAMINA BAIDEN JA.: This is an appeal against the judgment of the High Court, Kumasi dated 9th December, 2021.

In this judgment, the Plaintiffs/Appellants shall be referred to as the “Appellants” whilst the 1st Defendant/Respondent shall be referred to as the “Respondent”. 1st, 2nd Appellants, 2nd, 3rd and 4th Defendants are children of the late Bawa Kano. The 3rd Appellant is their niece. The 1st Respondent is a limited liability company.

This is one of the unfortunate cases in which siblings could not resolve their differences regarding what to do with their late father’s property bequeathed to them and as a result they have been in Court since 2019.

The facts of the case are simple. The late Bawa Kano died interstate leaving a storey building which consisted of residential rooms and stores. The children of the late Bawa Kano agreed and nominated the 2nd and 3rd Defendants to be the Administrators of the estate. The said Defendants took letters of administration and dist…

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