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OSEI KWAKU & ANOR.
V.
GEORGINA KONADU KUSI

(2005) JELR 68752 (CA)

Court of Appeal 22 Apr 2005 Ghana
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- The appellant claimed to have been appointed as executor in the deceased's last will and filed a motion to punish the respondent for intermeddling with the estate and to surrender certain properties. - The respondent denied taking custody

Case Details

Suit Number:CIVIL APPEAL NO. H1/11/2005
Judges:GBADEGBE J.A. [PRESIDING], ADDO J.A.,HENRIETTA ABBAN J.A
Counsel:MR. KWASI AFRIFA FOR APPELLANTS ,MR. ATTA AKYIA FOR RESPONDENT

GBADEGBE, J.A.

Following the death of Kofi Nsiah, the appellant herein claiming to have been appointed by the deceased in his last will as executors took out an originating process by way of notice of motion under the provisions of PNDC Law 111, the Intestate Succession Law for an order punishing the respondent herein for intermeddling with the estate of the deceased and also for an order compelling her to surrender certain specified properties of the deceased which were alleged to be in her custody to the applicants. In response to the application before the court below, the Respondent denied having taken custody of the properties as alleged by the appellants. Further the respondent challenged the right of the executors as such to take out the processes that were served on her having regard to the reliefs prayed for and additionally raised the point that since the capacity of the appellants was in issue in a pending action issued against them in the High Court Kumasi, they were not co…

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