OFORI AGYEKUM
V.
MADAM AKUA BIO

(2014) JELR 69578 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: H1/29/2013 ·  31 Jan 2014 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), IRENE C. DANQUAH J.A., TANKO I. O. AMADU J.A.
Core Terms Beta
defendant
house
plaintiff
trial judge
site plan
opanin yaw manu
allocation paper
exhibit b
instant case
swish house
claim of the plaintiff
documentary evidence
findings of fact
intestate succession law
evidence of dw1
late father
payment of ground rent
trial court
opanin osei kwame
plaintiff’s case
property of opanin yaw manu
sufficient evidence
totality of the evidence
weight of evidence
additional grounds
additional grounds of appeal
admitted knowledge of the site plan
agyentoa vrs owusu
ampomah vrs volta river authority
children of the late yaw manu
conclusion of the trial judge
customary successor of his late father
defendant akua bio
evidence act
existence of the fact
family property of the defendant
identical evidence of the parties
judgment of a kumasi circuit court
lower court
manu vrs kuma
no.11c blk f mamponteng
omnibus ground
payment of bills
plaintiff fails
plot of land
re krobo stool
similar evidence
son of the late opanin yaw manu
traditional evidence of the acquisition of the land
uncles ofori

AYEBI J.A.

This is an appeal by the plaintiff against the judgment of a Kumasi Circuit Court delivered on 18th March 2010. The subject-matter of the suit is H/No.11C Blk F Mamponteng.

The claim of the plaintiff at the trial court is for:

(i) A declaration that H/No.11C Blk F, Mamponteng-Ashanti was the self-acquired property of Opanin Yaw Manu (deceased).

(ii) A declaration that the distribution of H/No. plot 11C Block F Mamponteng, Ashanti as well as the intestate estate of the late Opanin Yaw Manu is governed by the Intestate Succession Law (PNDC Law 111).

(iii) Damages for trespass

(iv) An order for accounts

(v) Recovery of possession

(vi) Perpetual injunction restraining the defendant by herself, her agents, servants and workmen or any other persons claiming through or by her from in any manner interfering with the subject-matter.

Defendant on her part in a statement of defence filed, counter-claimed for:

(a) A declaration that Plot No.11 Block F is the family property of the defendant.

(b) …

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