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ESTHER KUDZORDZIE
V.
MAJOR NELSON AGBEKO

(2010) JELR 69580 (HC)

High Court 15 Dec 2010 Ghana
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- The case revolves around the Plaintiff's claim that she was customarily adopted by the deceased, Mercy Amitor Agbeko, and is therefore entitled to inherit her estate under PNDC LAW 111. The Defendant, however, denies the adoption and asse

Case Details

Suit Number:SUIT NO: BFA 59/08
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:MR. KOFI AHENKORA FOR THE PLAINTIFF,MR. BRIGHT OKYERE AGYEKUM FOR THE DEFENDANT

JUDGMENT

ASUMAN-ADU, J.

On 1st April 2008, the Plaintiff caused Writ of Summons to be issued against the Defendant for a declaration that having been customarily adopted by the deceased, Mercy Amitor Agbeko Plaintiff is entitled to succeed deceased’s estate according to PNDC LAW 111. The Defendant entered appearance on 24th April 2008 and went on to file his Statement of Defence in which he denied the claim of the Plaintiff that she was adopted by the deceased. She is, therefore, not entitled to succeed the estate of the deceased.

Pursuant to an order of the Court, the Plaintiff filed an Amended Statement of Claim on 3rd March 2010 and on 12th March, the Defendant filed Statement of Defence to the Amended Statement of Claim.

In the Amended Statement of Claim the Plaintiff avers that the Defendant is her uncle. She says she was born to Mansah Dzisah and Livingstone Kudzordzi on 1st April 1977 and six months after her birth she was customarily adopted by Mercy Amitor Agbeko (deceased) who w…

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