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ABENYEWA AND ANOTHER V. MARFO AND OTHERS

(1972) JELR 63698 (HC)

High Court  •  28 Apr 1972  •  Ghana

Coram
TAYLOR J.

Judgement

TAYLOR J.: The plaintiffs-respondents hereinafter called the plaintiffs, all minors, sued the defendants-appellants hereinafter called the defendants per their mother and next friend Akosua Akyirem at the District Court, Mampong. Their claim endorsed on their application for the writ of summons is formulated as follows:

“The plaintiffs’ claim is for a share of cocoa farm left behind by the late Kwadwo Pensan (the father of the plaintiffs) for his whole children, of which the first and second defendants have refused to give to the plaintiffs their due share. The farm in question is lying, situate and being at Oponso in the Wassaw Traditional Area commonly known and called Bobkrom valued about N¢300.00.”

The first defendant is the head of family and the second defendant is the son of the said deceased.

The plaintiffs by their next friend, their mother, led evidence touching the facts grounding their claim. The relevant portion of her evidence is as follows:

“I know Dora Marfo, Afua Sarpong …

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