MALAM SULEMANI & ANOTHER
V.
ALFRED BOOLANPUO & 2 OTHERS

(2011) JELR 65577 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/39/2010 ·  27 May 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,F.G. KORBIEH J.A.
Core Terms Beta
defendants
plaintiffs
aminatu sulemani
hse no
learned trial judge
circuit court
statement of claim
trial court
customary law
high court
learned judge
notice of caveat
onus of proof
plot no.556 block
respect of exhibit
subject matter of this suit
brief facts of the case
circuit court wa
civil cases
compound house
decision of the high court
defendants counsel
dissolution of her marriage aminatu
eati vrs state hotels corporation
estate of madam aminatu sulemani
estate of the late madam aminatu sulemani
face of crucial documentary evidence
findings of the trial court
following counter claim
following cross-examination
following reliefs
given case
life time
no. a155 jirapa
receipt of the record of proceedings
respect of the estate
step-son of the late aminatu sulemani
submissions of counsel
uncompleted house
weight of evidence

JUDGMENT

IRENE C DANQUAH JA

This appeal emanates from the decision of the High Court, Wa dated 19th May 2008.

The brief facts of the case are that prior to the issuance of the writ of summons by the Plaintiffs/Appellants they had on 19th June 2003 applied to the High Court, Wa for Letters of Administration in respect of the estate of one Aminatu Sulemani (deceased) who died intestate on 18th May 2003 at Jirapa. Upon becoming aware of the application made by the Plaintiffs for the Letter of Administration, the Defendants/Respondents (Defendants) on 21st July 2003 filed a notice of caveat against the grant.

As a result the 1st Plaintiff as husband and the 2nd Plaintiff as step-son of the late Aminatu Sulemani issued the writ which was subsequently amended for the following reliefs:

1. A declaration that uncompleted house at Jirapa, lying and situate at plot No.556 Block “C” Jirapa is the bona fide property of 1st Plaintiff’s late wife Aminatu Sulemani.

2. A declaration that Plaintiffs have be…

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