GENEVIEVE AMPONG
V.
FELICIA DONKOR

(2024) JELR 112452 (CA)

Court of Appeal 16 Jun 2024 Ghana
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- The case involves a dispute over a Customary Law Will. - The plaintiff claims that her father made a Customary Law Will devising certain properties to her, but the defendant refuses to recognize the will. - The trial court affirms the val

Case Details

Suit Number:CIVIL APPEAL NO: H1/072/2024
Judges:ANGELINA MENSAH-HOMIAH(MRS),JA ERIC BAAH, JA ALEX OWUSU-OFORI, JA
Counsel:EVANS OPPONG ADOMA FOR THE DEFENDANT/APPELLANT HAGAR ADDO FOR THE PLAINTIFF/RESPONDENT
Location:Kumasi

JUDGMENT

MENSAH-HOMIAH, J.A.

INTRODUCTION: This appeal is taken against the Judgment of the High Court, Kumasi dated 14 July 2023 by which the learned trial Judge affirmed the validity of a Customary Law Will (Samansiw) made by one Elvis Ahima (deceased) and granted in part the reliefs sought by the plaintiff as a beneficiary under the said oral will.

I will, in this judgment, refer to the plaintiff/respondent and defendant/appellant as plaintiff and defendant, respectively, for ease of reference. Customary Law Will and Samansiw will also be used interchangeably.

BACKGROUND FACTS

The plaintiff is the 1 surviving child of Elvis Ahima (deceased). She contended that, the deceased made a Customary law Will (Samansiw), sometime on 18 December 2019, which was captured on video. Under the Samansiw, the plaintiff said her father devised the following properties to her: (i) a flat on the second floor of H/No. Plot 15 Block B, Buokrom Estate, Kumasi; (ii) 2 bedrooms and a hall .in H/No. Plot 20 Blo…

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