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IN RE KANJARGA, DECEASED KANJARGA
V.
DETER

(1957) JELR 115862 (HC)

High Court 30 Nov 1957 Ghana
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- Dispute concerned entitlement to a grant of letters of administration over the estate of Appieba Kanjarga alias Yaw Brenyah; plaintiff claimed status as eldest surviving full brother under Kanjarga tribal custom, while defendant asserted

Case Details

Judges:MURPHY, J.
Counsel:Lutterodt For the Plaintiff. Siriboe, with him Adade, For the Defendant.
Location:Ashanti Region
Other Citations:3 WALR 251-253

JUDGMENT

MURPHY J. This is a dispute as to who is entitled to a grant of letters of administration in the estate of one Appieba Kanjarga alias Yaw Brenyah. In his statement of claim the plaintiff claims to be the eldest surviving full brother of the deceased and therefore the proper person to adminster the estate by the custom of the Kanjarga tribe. The defendant in his defence says that the deceased became an adopted member of his (the defendant's) family and remained so until the time of his death. In an earlier affidavit the defendant says that ~he deceased was bought many years ago by the defendant's great-granduncle.

Under the Courts Ordinance, s. 89, this court referred the case to a Native Court to determine the following issues:

(a) Whether or not the plaintiff being the next-of-kin and the person acknowledged by the people of the village of Ayomso as the personal representative of the deceased is the rightful person to be granted letters of administration.

(b)  Whether the defend…

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