Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MICHAEL KWAO PADITEY & ORS
V.
SAMUEL ADJEI PADITEY

(2021) JELR 109064 (CA)    
Court of Appeal  ·  H1/21/2019 ·  4 Nov 2021 ·  Ghana
CORAM
Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.

Ratio Decidendi

Core Terms Beta
appellant
defendant
trial judge
judgment
evidence
odugblase land
trial court
letters of administration
agyeman bediako
appellate court
learned trial judge
general damages
grounds of appeal
supreme court
finding of fact
high court
record of appeal
award of costs
beneficial interest
court cases
final orders
honourable court
notice of appeal
such rate
sums of money
adduced evidence
considered view
date of the judgment
decision of the trial court
discretion of the court
erroneous determination of the legal rules
error of fact
errors of law
estate of their late father eric paditey
filed accounts
injunction exhibit c
interests of the estate
latter received ghc
legal effect of a known fact
order of the court
particulars of error of law
personal capacity
plaintiffs of any amount
reasoned finding of fact
respect of that judgment
total ghc8,801.00
trial judge’s conclusions
whole case

SOWAH, J.A.

Introduction

The parties are all brothers and a sister and the subject-matter of the dispute was the estate of their late father Eric Paditey in respect of which letters of administration was granted to the defendant/appellant on 25th July 1995. The suit was commenced by the seven (7) plaintiffs/respondents' on 31st August 2009 and judgment was delivered by the High Court, Koforidua on 31st July 2018. This appeal is in respect of that judgment which is to be found at pages 26-46 of Vol. 2 of the record of appeal.

Background Facts

The plaintiffs alleged that the defendant had clandestinely taken letters of administration and had refused to account, wind up the estate and distribute the properties. They specified six (6) properties as comprising the estate, namely: 

a. House No. C. 31 Adjikpo – Kokunya, Odumase Krobo 

b. Farmland at Adjikpo 

c. Farmland at Odugblase 

d. Farmland at Oterkpolu 

e. Farmland at Kora, near Oterkpolu 

f. Farm at Guata, near Oterkpolu

The plaintiffs sought th…

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