MIREILLE HITTI
V.
GEORGE JAMIL MOUGANIE AND 3 ORS

(2021) JELR 108987 (CA)    
Court of Appeal  ·  H1/176/2020 ·  15 Jul 2021 ·  Ghana
CORAM
WELBOURNE (MRS) J.A. (PRESIDING), SUURBAAREH J.A., OBEN-MANU JNR. J.A
Core Terms Beta
appellant
supreme court
2nd respondent
duraplast limited
learned trial judge
alleged will
first suit
allegation of fraud
appellant's pleadings
civil procedure
deceased’s shares
error of law
2nd defendant
appellate court
last will
paragraph statement of defence
theresa nahum rouhana hitti
1st respondent's lawyer
administration division of the high court
appellants affidavit of interest
cause of action
decision of the trial court
executor take probate
following grounds
gilbert case
grant of the la
honourable court
issued shares
legal advice
necessary party
notice of the deceased
paragraph defence
particulars of the misdirection
point of view of the proper administration
reading of the alleged will
reading of their late mother theresa hitti
registry of the high court
ruling of the high court
time of her death

 JUDGMENT 

WELBOURNE, J.A.

This is an appeal against the Ruling of the High Court, Commercial Division, Accra dated  11th day of July, 2019.  

The Background Facts 

The facts as narrated by the Appellant, are that the Plaintiff/Appellant is the daughter of  the late Robert Habib Hitti (the deceased testator) who died in France on the 25th March,  2001. The Deceased was survived by his widow (Theresa Nahum Rouhana Hitti) and  their three (3) children being the Appellant herein and the 2nd and 3rd  Defendants/Respondents.  

Notice of the Deceased’s death was published on page 17 of the Tuesday 19th April, 2001  edition of the Daily Graphic in Ghana. Thereafter, the Deceased’s widow, Theresa Hitti  and his son, the 2nd Defendant/Respondent herein took steps to apply for Letters of  Administration (LA) based on their assertion on oath that the Deceased had died  intestate. The Application was granted on 20th June, 2001 and in their capacity as  administrators of the Deceased’s estate, Theresa …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login