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FAUSTINA ARABA FORSON
V.
NANA KWASI DADSON

(2008) JELR 65546 (CA)

Court of Appeal 31 Jul 2008 Ghana
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- This is an appeal against a judgment of the Circuit Court in Accra. - The plaintiffs sued the defendant claiming a declaration that a house does not form part of the estate of the deceased, an order of possession of the house, an order of

Case Details

Suit Number:CIVIL APPEAL NO: H1/26/2006
Judges:QUAYE J.A. [PRESIDING], APALOO J.A., GYAESAYOR J.A
Counsel:MR. GEORGE ESHUN FOR THE PLAINTIFF/APPELLANT ,MR. KWABENA S. A. NYANOR FOR THE DEFENDANT/RESKPONDENT

JUDGMENT

APALOO, J.A.

This is an appeal against the judgment of the Circuit Court, Accra presided over by Akoto Bamfo, J [as she then was] sitting as additional Circuit Judge. The judgment was dated 14th February, 2003.

The Plaintiffs/Appellants [to be referred to as Plaintiffs] sued the Defendant/Respondent [also to be referred to as Defendant] claiming the following reliefs:

“1. A declaration that House No. C149, Dansoman does not form part of the inventory of the estate of the late Mr. Etrue-Ellis, the said Mr. Ellis having conveyed his interest to his son.

2. An order of possession to 2nd Plaintiff of House No. C149, Dansoman.

3. An order of perpetual injunction restraining the Defendant, his assigns tenants from having anything to do with the said house.

4. An order for accounts of rent collected so far.

In brief, the 1st and 2nd Plaintiffs were the ex-wife and son respectively of the late John Rex Etrue-Ellis. The late Etrue-Ellis was the owner of House No. C149, Dansoman. The house was…

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