ERIC AKWETEY SIAW & 2 OTHERS
V.
TETTEH SIAW-SAPPORE & 2 OTHERS

(2016) JELR 65455 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.H1/197/2014 ·  16 Jun 2016 ·  Ghana
CORAM
F. KUSI-APPIAH JA (PRESIDING), A. M. DORDZIE JA, S. DZAMEFE JA
Core Terms Beta
court
rule
respondents
application
order
appellants
c. i.
counsel
civil court
letters of administration
attorney general
criminal offence
high court
preliminary legal objection
re appau
civil offences
civil procedure
criminal procedure code
grounds of appeal
case of osei kwaku
contempt of court
court of appeal decision
criminal offences
liabilities of an executor
v georgina konadu kusi
written law
attorney general power
civil appeal n0 h1
civil offence
criminal actions
criminal code
decided cases
favour of the appellants
further argument of the respondents
hearing of the application
high court judge
high court tema
rules of court
said rule
second ground of the preliminary legal objection
second point
subject matter of this appeal
such wrongs
summary conviction
takes care
trial judge
unreported decision of the court of appeal
various applications
wrong doing

JUDGMENT

AGNES A. M. DORDZIE, JA:

The appellants herein filed a motion under Order 66 Rule 3 of the High Court (Civil Procedure) Rules 2004 C. I. 47, in the High Court Tema, praying the court to punish the respondents for intermeddling with the estate of one Angelina Mamle Siaw-Sappore, deceased.

The facts upon which the application was brought was set out in the supporting affidavit and it is that, the respondents fraudulently obtained Letters of Administration from the court to administer the estate of their deceased relative, Angelina Mamle Siaw-Sappore. The appellants sued them for wrong doing, judgment was given in favour of the appellants and the Letters of Administration obtained by the respondents was set aside. The appellants subsequently applied for Letters of Administration which was granted them. The appellants therefore became the lawful administrators of the estate of Angelina Mamle Siaw-Sappore.

The respondents however have refused to hand over the estate to the appellants …

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