(1988) JELR 65454 (CA)    
Court of Appeal  ·  4 Feb 1988 ·  Ghana
Core Terms Beta
e. t. adjietor
learned trial judge
customary successor
high court
trial judge
statement of claim
civil procedure
personal representative
said property
suit no.
e. k. addo
emmanuel tetteh adjietor
plaintiff’s claim
third defendant
ancient merchants ltd.
plaintiff’s action
present action
second defendant
charge of the house
late brother
lawful property of e. tetteh adjietor
said e. tetteh adjietor
such order
supreme court
b 112a
bona fide property of her judgment debtors
brother name e. tetteh
deceased member of a family
dismissal of his interpleader summons
dismissal of the plaintiff
exhibit a
face of the available evidence
following grounds of appeal
following orders
fourth defendant
immediate senior brother
judgment of the trial court
legal issues
person’s self
plaintiff-judgment creditor
record of proceedings shows
result of a lorry accident
said company
said house no. b 112a
south apajafo road
specific order

ESSIEM J.A.: The facts which gave rise to this litigation are set out clearly in the judgment of the trial court and are as follows: Emmanuel Tetteh Adjietor is dead. Or, to state it free of partisanship, he is said to be dead. It is alleged that he worked in Nigeria and died there as the result of a lorry accident in 1976. The plaintiff says that he went to Nigeria to arrange his internment and that on his return the family appointed him as his successor to administer his estate, he being his immediate senior brother. It is his case that his late brother, during his lifetime, owned a house at Abeka, house No B 112A/24, at 3 South Apajafo Road, which he purchased from one Daniel I. Somuah who is also dead. When his brother bought this property he was in Nigeria and the plaintiff took charge of the house upon his instructions. By this time there was no document evidencing the sale to his late brother.

In 1975 the plaintiff, as he alleges, entered into a tenancy agreement with a company …

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