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BADU AND ANOTHER
V.
KRA

(1991) JELR 69353 (CA)

Court of Appeal 9 May 1991 Ghana
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- The case revolves around the ownership of house No. NT 78, Akim Oda. - The plaintiff claims that the house was the self-acquired property of his late father, while the defendant and co-defendant argue that the property was family property

Case Details

Judges:LAMPTEY JA, ESSIEM JA, OFORI-BOATENG JA
Counsel:ADU-AMANKWAH FOR THE APPELLANTS; AHENKORAH FOR THE RESPONDENT.
Other Citations:[1991] 1 GLR 563

ESSIEM JA

The only point in controversy between the parties in this litigation is the ownership of house No. NT 78, Akim Oda. It was the case of the plaintiff that the said house was the self-acquired property of his late father while the defendant and co-defendant contended that the plaintiff’s father acquired that property from proceeds of certain family properties he had inherited during his lifetime and therefore the property was family property.

The plaintiff’s father, Kwaku Abeh, made a will and bequeathed this particular property to the plaintiff and his brothers and sisters, ie the children of the late Kwaku Abeh. The defendant and co-defendant are nephews of the late Kwaku Abeh who died on 20 September 1985.

The plaintiff admits that the co-defendant, Kwaku Boadi also known as Kwaku Dauda, was his father’s customary successor. During the funeral celebrations of the plaintiff’s father, a lawyer came to Ofoase where the funeral was being celebrated to read the will of the deceased…

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