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ABDUL RAHMAN OSUMANU GIWAH AND 2 OTHERS V. BABA LADI

(2013) JELR 63677 (SC)

Supreme Court  •  CIVIL APPEAL. No J4/36/2013  •  29 Jul 2013  •  Ghana

Coram
G. T. WOOD (MRS) C. J (PRESIDING), J. V. M. DOTSE JSC, ANIN-YEBOAH JSC, A. A BENIN JSC, J. B. AKAMBA JSC

Judgement

BENIN, JSC

By an amended writ of summons filed at the High Court, Accra, the plaintiffs/respondents/respondents, hereinafter called the respondents, sought the under listed reliefs against the defendant/appellant/appellant, hereinafter called the appellant:

a) A declaration that both plaintiffs and defendant are great grand children of Fatima Suka (deceased).

b) An order for the parties to jointly take letters of administration to administer the estate of Fatima Suka.

c) An order for the distribution of the estate of the late Fatima Suka among legitimate beneficiaries.

d) An order to set aside the judgment of the Islamic Judicial Committee.

The respondents claimed that Fatima Suka who died in 1954 was the great grandmother of both parties in this case. At the hearing the family tree was traced and from the record it was clearly so established, as there was no contrary evidence. Whilst the respondents are the grandchildren of Ramatu Osumanu Fulani, the only female child of Fatima Suka, the a…

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