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…

KWAKU AMEYAW V. DR. FRANCIS OSAFO-MENSAH

KWAKU AMEYAW
V.
DR. FRANCIS OSAFO-MENSAH