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IN RE SACKEY (DECD.); ANSABA AND ANOTHER
V.
MBEAH AND ANOTHER

(1992) JELR 65066 (HC)

High Court 30 Apr 1992 Ghana
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- Court held there was no fraud in the grant of letters of administration to the defendants; the first defendant was confirmed as head of the relevant family, and the alleged forgery and misrepresentations were not proven. - The deceased wa

Case Details

Judges:BENIN J.
Counsel:G. ADDINGTON FOR THE PLAINTIFFS; E. B. ODRO FOR THE DEFENDANTS.

BENIN J.

The deceased, Amos Ekow Sackey died on 11 March 1981 and was survived by a wife, the first plaintiff herein, and nine or ten children, eight of whom he had by the first plaintiff. The second defendant was appointed the deceased’s customary successor. The first defendant belongs to the deceased’s Twidan family and the second plaintiff is one of the children the deceased had by the first plaintiff.

By their amended writ of summons the plaintiffs claimed the following reliefs against the defendants:

(a). “An order of this honourable court setting aside the order for the grant of letters of administration to the defendants herein on 9 November 1981 on the basis of fraud.
(b). An order that the distribution of the estate of Amos Ekow Sackey (deceased) is caught by the Intestate Succession Law, 1985 (P.N.D.C.L. 111).
(c). An order of the High Court setting aside the order for the grant of letters of administration on the ground that Amos Ekow Sackey died testate.”

If the deceased died …

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