NANA NGOA ANYIMAA KODOM II
V.
LYDIA ANANE AND AKUA NKUA

(2012) JELR 63882 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/04/2011 ·  19 Jul 2012 ·  Ghana
CORAM
MARFUL –SAU JA (PRESIDING), HONYENUGA JA, BENSON J
Core Terms Beta
appellant
customary successor
page
respondents
capacity
record
trial court
court
unnumbered building
appeal
nana kweku nkrumah ii
record of appeal
cocoa farms
capacity of the appellant
cross-examination
first defendant
head of the aduana family of bibiani
nana kofi anane
supreme court
weight of evidence
disputed cocoa farms
family properties of the plaintiff
marful-sau
statement of claim
above grounds
above principle of law
aduana family of kyekyewere
appeal fails
appellant’s counsel
appellant’s cross-examination
appellant’s evidence
brief facts of the case
cast-iron case
credible evidence
cross examination of pw1 akua nsiah
decision of ollenu j
end of the trial
evidence lead
evidence of pw1
father nana kofi ngoa iii
inclusion of the said properties
judgment of the high court
leave of this court
legal proceedings
original notice of appeal
personal properties of their deceased father
principal members of the family
property of nana kofi ngoa iii
sufficient evidence
trial judge

MARFUL-SAU, JA :- This is an appeal from the judgment of the High Court sitting at Sefwi- Wiawso dated the 3rd of December 2009 which dismissed the action by the plaintiff herein referred to as the appellant. The brief facts of the case are that the defendants to be referred to as respondents applied for the grant of Letters of Administration of the estate of their deceased father Nana Kofi Ngoa III, also known as Nana Kofi Anane. In the application the respondents listed two cocoa farms all situate at Dominibo No. 1 and an unnumbered building on a plot of land at Bibiani as personal properties of their deceased father. The appellant challenged the inclusion of the said properties in the inventory filed in support of the application for the Letters of Administration.

Consequently, the appellant caused a writ to be issued against the respondents claiming that the two cocoa farms and the unnumbered building were properties belonging to the Aduana family of Kyekyewere or Adenkye. At the e…

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