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KYEWAA
V.
NTOROWA AND OTHER

(1988) JELR 66065 (HC)

High Court 11 Nov 1988 Ghana
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- The plaintiff is claiming ownership of a house through inter vivos gift or, alternatively, a portion of the estate of the deceased testator. - The action against the first and second defendants has been dismissed. - The late E. K. Asante

Case Details

Judges:AMMAH J.
Counsel:E. D. KOM FOR THE PLAINTIFF; J. ADDAE-ABOAGYE FOR THE DEFENDANTS.
Other Citations:[1989-90] 2 GLR 390

AMMAH J.: The plaintiff’s claim is for:

“1 (a) a declaration that house No. A 209, South Odorkor Estates, Accra, is her property as a result of inter vivos gift;

(b) an order of injunction restraining the defendants jointly and severally, their servants and agents from ejecting or in any way interfering with the plaintiff’s ownership, occupation and enjoyment of the said house;

2 in the alternative a reasonable portion of the estate of the testator, E. K. Asante, be given to the plaintiff by virtue of section 13 of the Wills Acts, 1971 (Act 360).”

The plaintiff’s writ of summons is accompanied by a statement of claim. It is necessary to state at the outset that on 27 April 1988 the plaintiff withdrew the action against the first and second defendants. The action against them was therefore dismissed.

The late E. K. Asante died testate on 2 October 1986. The third, fourth, fifth and sixth defendants who are his children are beneficiaries under his will which was read on 11 November 1986.

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