Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ESTHER KUDZORDZIE
V.
MAJOR NELSON AGBEKO

(2010) JELR 69580 (HC)    
High Court  ·  SUIT NO: BFA 59/08 ·  15 Dec 2010 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU

Ratio Decidendi

Core Terms Beta
plaintiff
court
defendant
adoption
evidence
time of her death
amended statement of claim
said stephen nuworku
statement of defence
customary law
marriage ceremony
mercy amitor agbeko
pndc law
presence of a powerful shrine
civil cases
adopted child
adoption ceremony
consent of the child
cross examination
deceased mercy amitor agbeko
father livingstone kudzordzie
said adoption
stephen nuworku of mamobi
address counsel
adopted child of the deceased
case of the plaintiff
claim of the plaintiff
defendant’s wife
essential requirements of customary adoption
estate of the deceased
evidence receipts
exhibit a
family members’ children
favour of a party
following issues
following properties
funeral ceremony
last store
learned author states
maternal sister of her mother
mercy amitor agbeko plaintiff
order of the court
plaintiff claims
plaintiff’s biological mother
plaintiff’s case
plaintiff’s claim
plaintiff’s grandfather
relatives of her adopter
residential property
said meeting

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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