(1961) JELR 63845 (HC)    
High Court  ·  27 Nov 1961 ·  Ghana
Other Citations
[1961] GLR 728
[1961] 2 GLR 728 - 733
Core Terms Beta
local court
first respondent
customary law
second respondent
marriage ordinance
distribution of the estate
family property
general rule
local court magistrate
principal members
administrators of the estate
appointment of an administrator of the estate
child of the said david k. nartey
children of late david kwabla nartey
courts act
deceased inter vivos
estate of his brother
evidence shows
following findings
head of the family
illegitimate children of their father
immediate beneficial interest
important point
judgment of the dangbe shai local court
jurisdiction of a local court
late david kwabla nartey
law of this land
legal authority
legal status
only child of a man
paternal family
patrilineal family society
personal representatives of the brother
possession of the properties
principal members of the family
said david kwabla nartey
second meeting
special circumstances
such special circumstances
ultra vires
various properties
widow of the said david k. nartey

OLLENNU J.: This an appeal from judgment of the Dangbe Shai Local Court, Division II, delivered on the 3rd May, 1961. Counsel for the defendants-respondents said of that judgment that it is indefensible, and that is what it really is.

The appellants are some of the children of late David Kwabla Nartey, deceased. The first respondent is a widow of the said David K. Nartey by marriage under customary law, and the second respondent is also a child of the said David K. Nartey by the first respondent. This action was instituted because the respondents have taken possession of the properties comprised in the estate, claiming that they are the successors to the said David Kwabla Nartey.

The local court having heard the evidence proceeded to make findings some of which are irrelevant to the matters in issue; to make pronouncements for which there is no legal authority; and to make orders which are ultra vires the local court. For example, the local court held that the appellants are illegitimat…

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