SETH AGYARKO SAKA
V.
ERNEST ASIEDU OSAFO & 2 ORS

(2008) JELR 69677 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. HI/314/05 ·  23 Oct 2008 ·  Ghana
CORAM
ASARE KORANG J.A., KUSI APPIAH J.A., GYAESAYOR J.A.
Core Terms Beta
family
appellants
testator
clauses
maternal family
learned trial judge
award of costs
judgment
common law
favour of the respondents
akan language
balance of rents
construction of wills
intention of the testator
interpretation of the phrase
interpretation of the word
nuclear family
2nd respondents
4th respondents
appeal turns
asare korang
association of universities of the british commonwealth
basic rule
circumstances of the instant appeal
co-defendants
credit of the testator
determination of the following issues
effect of the words
english language
executors of the will
following grounds of appeal
genuine bona fide dispute
high street
known rules of interpretation
last will of ebenezer agyarko saka
literacy of the testator
literate akan man
man of considerable means
nephew dr. ernest osafo
plots of land
present appeal
relevant clauses of the will
standard bank
support of the respective cases of the parties
testator’s nuclear family
text of the entire will
true intention of the testator
use of the expression
volta aluminium co. ltd.
will of the late ebenezer agyarko saka

ASARE KORANG, J.A.:

This appeal turns on the interpretation of the phrase “my family” in clauses 27 and 31 of the Will of the late Ebenezer Agyarko Saka.

In the court below, the plaintiffs/appellants [appellants for short] came by way of an originating summons for the determination of the following issues:—

“1.Construction and interpretation of the phrase “my family” in the last Will of Ebenezer Agyarko Saka particularly:- Clauses 27 and 31.

2. Declaration of the Plaintiffs’ rights that the properties described in Clauses 27 and 31 belong to the Plaintiffs.

3. An order that the balance standing to the credit of the Testator’s Account as well as the Treasury Bills all lodged at Standard Bank, High Street, Accra, be paid to the plaintiffs”

The 1st and 2nd Respondents referred to as Defendants in the court below are the executors of the Will of the deceased while the 3rd and 4th Respondents described s the Co-defendants are beneficiaries under the Will.

The relevant clauses of the Will that …

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