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MRS. VICTORIA MENSAH & ANOR
V.
MRS. ELIZABETH MENSAH & ANOR

(2024) JELR 113259 (CA)

Court of Appeal 16 Apr 2024 Ghana
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- Plaintiffs/Respondents and 1st Defendant/Appellant jointly obtained Letters of Administration to administer the estate of the late Nathaniel Nikoi Mensah, which included property at House No. C577/22, New Achimota. - Plaintiffs alleged th

Case Details

Suit Number:H1/75/2021
Judges:E. KYEI-BAFFOUR, J.A (PRESIDING) N. ARYENE (MRS.), J.A. S. OPPONG, J.A.
Location:Accra

STEPHEN OPPONG, JA

This is an appeal against the Judgment of the High Court Accra, Labour Division delivered on the 31st day of October 2016. Dissatisfied with the Judgement, the Defendants/Appellants herein launched the present appeal against the judgment on the 30th day of January 2017 on the following grounds;

a. That the judgment is against the weight of evidence.

b. The Court erred when it held that the 2nd property containing 6 stores was constructed with 80 million cedis from prospective tenants when the evidence could not be supported when challenged.

c. The Court erred when it shared the 2nd property constructed after the demise of the 1st Defendant’s husband by resort to the provisions of the Intestate Succession Act 1985 PNDC Law 111.

d. The Court erred when it held that the 1st Defendant the surviving parent had no capacity to institute an action in respect of the estate of her daughter who died intestate.

e. The Court erred when it dismissed the 1st Defendant’s counterclaim for…

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