MADAM AKOSUA ATTA
V.
ABENA NKYEM & THREE OTHERS

(2018) JELR 65271 (CA)

Court of Appeal 24 Jul 2018 Ghana
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- The plaintiff filed a lawsuit seeking various declarations and orders, including a declaration that she is the surviving spouse of the deceased and that a will purportedly made by the deceased was fraudulently obtained. - Before the plead

Case Details

Suit Number:SUIT NO. H1/28/2017
Judges:ADUAMA OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA
Counsel:YAHAYA SEIDU FOR PLAINTIFF/APPELL/ APPELLANT; SAMUEL BOAFO AMENULIO FOR DEFENDANT/RESP/ RESPONDENT

JUDGMENT

ADUAMA OSEI JA:

In this judgment, the Plaintiff/Applicant/Appellant is referred to as “the Plaintiff”, and the Defendants/Respondents/Respondents are referred to as “the Defendants”.

On the 1st of April, 2015, the Plaintiff caused a writ of summons to be issued in the High Court, Kumasi, seeking against the Defendants jointly and severally declarations and orders which included:

i) a declaration that the Plaintiff is the only surviving spouse of the late Nana Dwumah-Ababio also known as Nana Kofi Dwumah, also known as Joseph Kofi Frempong (who shall hereafter be referred to as “the Deceased”);

ii) a declaration that a Will purportedly made by the Deceased, was not his deed and was fraudulently obtained;

iii) a declaration that the properties listed or mentioned in the said Will were all properties acquired by the Deceased jointly with the Plaintiff; and

iv) an order of perpetual injunction.

Before pleadings closed in the action, the Plaintiff on the 13th of October, 2015, filed an ap…

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