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IN RE KOFI ANTUBAM (DECD.); QUAICO
V.
FOSU AND ANOTHER

(1965) JELR 64104 (HC)

High Court 11 Mar 1965 Ghana
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- The plaintiff, who claims to be the head of the family of the deceased Kofi Antubam, sought to determine whether the defendants (the widows of the deceased) and their children have an interest in the deceased's estate, and if so, the natu

Case Details

Judges:ARCHER J.
Counsel:E. N. MOORE FOR THE PLAINTIFF; A. TAGOE FOR OLAGA FOR THE DEFENDANTS.
Location:Accra
Other Citations:[1965] GLR 138

ARCHER J.

The plaintiff has caused this originating summons in this suit to issue to determine the following questions:

(a) Whether the defendants and their children have an interest in the estate of the said Kofi Antubam, deceased.

(b) If the defendants and their children have any interest in the estate of the deceased what is the nature or extent of such interest.

(c) Whether the family of the deceased have any interest in the estate of the deceased and if so what is the nature and extent of such interest.

The plaintiff claims to be the head of family of the deceased who died intestate and the defendants claim to be the widows with children having been married to the deceased according to customary law. The first defendant is the mother of six children by the deceased and the second defendant is the mother of three children by the deceased. For the purpose of determining the questions, the court was of opinion that filing of affidavits by the parties was unsuitable and in order to throw …

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