JOSEPH EMMANUEL ANTWI
V.
AKUA ATAA AND STEPHEN NTIAMOAH MENSAH

(2018) JELR 65354 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. H1/03/2018 ·  23 Jul 2018 ·  Ghana
CORAM
ADUAMA OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA
Core Terms Beta
plaintiff
defendants
properties
grant
administration of estates act
application
said properties
trial judge
letters of administration
cocoa farm
nana yaw bete
trial
instant appeal
interim injunction
late nana enoch ntiamoah mensah
interlocutory injunction
trial court
high court
respect of an estate of a deceased person
status quo
appellant’s application
bya court of competent jurisdiction
decision of the high court
farms of nana antwi
first instance take steps
following grounds
golden rule
late abena manu
legal personal representatives of the said deceasedperson
letter of administration
letters of administration of the estate
order of interlocutory injunction
part of the estates
perpetual injunction
plaintiff joseph emmanuel antwi
plaintiff’s claim
public declaration of inter vivos gifts
quo ante
respect of the estate of the deceased uncle
ruling of the high court
said application
said gift
said gift of the properties
son of the plaintiff
statement of case
trial high court
trial high court judge
uncle nana enoch ntiamoah mensah

JUDGMENT

DZAMEFE, JA

The plaintiff Joseph Emmanuel Antwi (deceased) averred sometime in 1994 at the funeral of one late Abena Manu, and at a family gathering of their matrilineal family at Adangwomase, his uncle Nana Enoch Ntiamoah Mensah, alias, Nana Yaw Bete, made a public declaration of inter vivos gifts of all his self-acquired properties to him absolutely. The plaintiff listed the properties so gifted him as follows: -

a. H/No. O.I. Extension Block 4 Plot 1, Kumasi.

b. Cocoa farm at Nsutam/Asuwamu/Biem bounded on all sides by the farms of Nana Antwi, Nana Sarkodie, OpaninAdubofo, Nana Sampeney, Asuwamu river and Biem river.

c. Cocoa farm at Nyameadom (Nsutam) bounded on all sides by the farms of OpaninKwakye, AgyaWereko, OpaninKwakuNsiah, Agya Atta and Nana AbenaAmpong.

d. Cocoa farm at Siwaso (Nsutam) and bounded on all sides by the farms of AgyaAtta, OpaninKyere, AgyaSarfo, Opanin Kwame Amoah and Nana Ampenfi.

e. Cocoa farm at Abrosanase(Sereso) and bounded on all sides by the farms o…

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