Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWAKU AMEYAW
V.
DR. FRANCIS OSAFO-MENSAH

(2021) JELR 108985 (CA)    
Court of Appeal  ·  H1/09/2019 ·  5 May 2021 ·  Ghana
CORAM
SOWAH J.A. (PRESIDING), OPPONG J.A, MENSAH-HOMIAH J.A.

Ratio Decidendi

Core Terms Beta
1st suit
2nd suit
appellants
respondents
trial judge
adverse possession
audio recording
maternal family
date of judgment
immediate family
4th august
administration matter
appellants counsel
customary successor of the testator
dr osafo mensah
ebusuapanin nana yaw boateng
grounds of appeal
kwaku ameyaw
larger family
respondents' claim
weight of evidence
2nd defendant
accounts of testator
appellant dr osafo mensah
appellant ebusuapanin nana yaw boateng
bank accounts
brief narration of the general facts
capacity of yaw boateng
clear meaning of section
different families
different family
facts of case
following reliefs
full trial
issue of the capacity of kwaku ameyaw
issues of headship
major beneficiary of the will
opanyin kofi siaw
op kofi siaw
order of court
overall head of the family
respondent ameyaw
sole executor of the will

JUDGMENT 

SOWAH, J.A. 

Introduction 

This is essentially a probate and administration matter interspersed  with issues of headship of the immediate and the larger family. 

Two cases, namely E2/1/2010 and E10/3/2011, were consolidated per order of court on  20th July 2011. Kwaku Ameyaw, the Plaintiff in the 1st suit was the 2nd defendant in the  2nd suit. The Defendant in the 1st suit was different from the Plaintiff in the 2nd suit but  they share the same interests. They are the appellants in this appeal and will collectively  be called “the appellants”. As the trial judge aptly noted, Ameyaw and all the defendants  in the 2nd suit (hereafter collectively called “the respondents'”) are on one side of the  litigation fence while Dr Osafo Mensah and Ebusuapanin Nana Yaw Boateng  (respectively defendant in the 1st suit and plaintiff in the 2nd suit) are on the other side of  the litigation fence and were represented by the same lawyer, Kweku Y. Paintsil Esq. 

Facts of case

A brief narration…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login