Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1999) JELR 69898 (HC)    
High Court  ·  23 Nov 1999 ·  Ghana
Other Citations
[1999-2000] 1 GLR 523

Ratio Decidendi

Core Terms Beta
first respondent
third respondents
supporting affidavit
exhibit af2
letters of administration
court proceedings
exhibit af1
own affidavit
second respondent
administration rules
affidavit evidence
civil procedure
estate of a deceased person
high court
property of a deceased person
applicant’s letter
behalf of my brother osei tutu
careful perusal
case docket
civil case
consent of both parties
contents of that affidavits
court shows
cr app r
deceased akwasi agyeman bonsu
first respondent’s letter
further supplementary supporting affidavit
general principle
intestate succession
invaluable book
knowledge of the applicant
late akwasi agyemang bonsu
late akwasi agyemang bonsu’s family
learned author
maternal family
provisions of the intestate succession law
result of the alleged intermeddling
rules of court
said property
second legal point
secretary-receiver of the produce buying co
sister of the late akwasi agyemang bonsu
supplementary affidavit
surviving children


The applicant is one of the widows of the late Akwasi Agyemang Bonsu of Kumasi who died intestate on or about 25 May 1996. The late Akwasi Agyemang Bonsu was survived by 31 children, four of whom are with the applicant herein. No letters of administration have since been taken in respect of the estate of the late Akwasi Agyemang Bonsu.

However, despite this, the applicant alleged that sometime after the death of the late Akwasi Agyemang Bonsu, the respondents who are two brothers and a sister of the late Akwasi Agyemang Bonsu, met and distributed the estate of her deceased husband and shared those properties forming the estate amongst themselves contrary to the provisions of the Intestate Succession Law, 1985 (PNDCL 111). When this came to the knowledge of the applicant, she caused her solicitor to write to the first respondent, the then head of the late Agyemang Bonsu’s family, warning him of the consequences of their action and advising the first respondent and the other r…

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