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NANA ALVIN ATTA & ANOR
V.
STEPHEN A.L. DWIMOH JNR

(2025) JELR 114409 (CA)

Court of Appeal 23 Jan 2025 Ghana
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- The Court of Appeal set aside the High Court’s order vesting the sole estate property in only some beneficiaries and confirmed that, under s.4(1)(a) of the Intestate Succession Act (PNDCL 111), the deceased’s house devolves to all survivi

Case Details

Suit Number:CIVIL APPEAL NO. H1/71/2024
Judges:ANGELINA MENSAH-HOMIAH, MRS, JA ERIC BAAH, JA GIFTY DEKYEM, JA
Counsel:OSAFO BOABENG FOR 2ND PLAINTIFF/APPELLANT DENNIS OSEI ANTWI WITH ABIGAIL OWUSU ASARE AND PAUL SARPONG FOR DEFENDANTS/RESPONDENTS

JUDGMENT

MENSAH-HOMIAH, JA:

INTRODUCTION

This appeal arises from the decision of the High Court, Kumasi, rendered on 9 February 2022 in which the 2 plaintiff/appellant’s claims for the setting aside of letters of administration granted to the defendants/respondents  in respect of the estate of her deceased father; an order for accounts of the assets of the deceased; and an order setting aside the assignment of property numbered plot 71, Danyame Residential Area, Kumasi, were dismissed; and Judgment entered for the defendants/respondents on their counterclaim. Dissatisfied with the outcome, the 2 plaintiff/appellant has approached this court seeking to challenge the judgment.

In this judgment, the designations of the parties at the court below will be maintained.

FACTS

The record reflects that 1 plaintiff died before the trial commenced but he was not substituted. The trial therefore proceeded with only one plaintiff, i.e. the 2 plaintiff. The 2 plaintiff who sued per her lawful attorney, de…

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