(1979) JELR 69505 (HC)    
High Court  ·  9 May 1979 ·  Ghana
Other Citations
[1980] GLR 285
Core Terms Beta
late joseph benjamin bentil
agnes kusi
naming ceremony
fijai secondary school
second witnesses
deceased’s family
first plaintiff witness
joseph benjamin bentil
plaintiff’s story
mr. sackeyfio
mrs. agnes bentil
paternity of the plaintiff
plaintiff’s name
senior school
son of her husband
better position
calendar month
careful perusal of these letters
child bears
death of agnes kusi
deceased’s children
deceased’s sister
defendant’s denial
different story
evidence of his baptism
evidence shows
exhibit d.
exhibit f
father’s death
fourth plaintiff witness
house no. 5a
intestate joseph benjamin’s estate
j. exhibits e
joint letters of administration
late joseph benjamin
lawful child of joseph benjamin bentil
mr. sackeyfio quotes
name alexander owusu
name nana owusu ansah
only issue
plaintiff claims
plaintiff of his legitimate portion
said agnes kusi
series of courses of studies
support of issue
time of the birth of the plaintiff

WUAKU J.: Joseph Benjamin Bentil died intestate on 6 January 1971. Joint letters of administration was granted to the first plaintiff witness, the deceased’s sister, Mrs. Elizabeth Abban and the defendant, the deceased’s widow, Mrs. Agnes Bentil. The defendant, Mrs. Agnes Bentil, was married to the late Joseph Benjamin Bentil on 19 April 1949 under the Marriage ordinance, Cap. 127 (1951 Rev.). The defendant demanded that the deceased’s properties be divided into two moieties, one for herself and the other for the deceased’s family.

The other administratrix, the first plaintiff witness, made it known to the defendant that the deceased left behind a son surviving him. This was denied by the defendant who asserted that the plaintiff is not the son of her husband. The defendant’s denial of the paternity of the plaintiff has resulted in this action.

By the indorsements on his writ of summons, the plaintiff claims:

“1. Declaration that he is the lawful child of Joseph Benjamin Bentil (deceased…

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