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ABONO V. SUNKWA

(1962) JELR 67710 (SC)

Supreme Court  •  12 Mar 1962  •  Ghana

Coram
KORSAH C.J. JSC, VAN LARE JSC, ADUMUA-BOSSMAN J.S.C.

Appearances
HAYFRON-BENJAMIN FOR THE APPELLANT; J. D. REINDORF FOR THE RESPONDENT.

Judgement

VAN LARE J.S.C.: It is common ground that the land in dispute is a cocoa farm which was originally the property of one Kwasi Boateng who died a few years before the institution of this suit in March, 1958. The defendant was the nephew and is now the duly appointed successor of the late Kwasi Boateng and in that capacity came to lay claim to this farm in the possession and occupation of the plaintiff, a daughter of the late Kwasi Boateng. Apart from this farm at Kotosu the late Kwasi Boateng owned other properties at other places, but this was the only property which he owned at Kotosu. The case of the plaintiff is that her late father during his life-time made a gift to her of this farm at Kotosu, and that therefore the said farm ceased to be part of the estate which the defendant inherited by reason of becoming the successor of her late father. It appears that this action was brought because the defendant challenged the plaintiff’s title and interest in this farm by interfering with …

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