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…

JOSEPH EMMANUEL ANTWI V. AKUA ATAA AND STEPHEN NTIAMOAH MENSAH

JOSEPH EMMANUEL ANTWI
V.
AKUA ATAA AND STEPHEN NTIAMOAH MENSAH