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MARGARET ARTHUR
V.
AKU MINGLE

(2018) JELR 67755 (HC)

High Court 9 Jul 2018 Ghana
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- This case involves a dispute over the interpretation of the Last Will and Testament of Amos William Arthur. - The parties to the case are Margaret Arthur, a daughter of the Testator, and Aku Mingle, a granddaughter of Susana Arthur, who w

Case Details

Suit Number:SUIT NO.BMISC/661/2012
Judges:JUSTICE KWEKU T. ACKAAH- BOAFO
Counsel:ORACCA TETTEH ESQ FOR PLAINTIFF ,B.B. BAKATTAH ESQ FOR THE DEFENDANT

JUDGMENT

i. Introduction:

[1] This action relates to the interpretation of the Last Will and Testament of the late Amos William Arthur who was a resident of Zongo Lane, in the County of Ussher Town, Accra, Ghana. The parties to the action are Margaret Arthur, a daughter of the Testator and Aku Mingle, a granddaughter of Susana Arthur deceased who was the daughter of the Testator. The essential dispute between the parties is whether Susana Arthur’s Children and Children’s Children including the Defendant are beneficiaries of the Will of the Testator.

[2] The Testator Amos William Arthur died on July 18, 1961. Probate of the Will was granted by the High Court on November 27, 1961 to the named Executors of the Will. In this suit the Plaintiff seeks a declaratory order of this Court that her late sister, Susana Arthur’s children and children’s children including the Defendant herein are not beneficiaries of House Number C. 437/4 Kokomlemle, Accra.

ii. The Action:

[3] On May 8th, 2012, the Plai…

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