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AFUA SERWAA V. AMMA MANSAH AND AFUA POMAA

(2009) JELR 67002 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/105/06  •  2 Apr 2009  •  Ghana

Coram
AKOTO-BAMFO (MRS.) J.A. [PRESIDING], KANYOKE J.A., HONYENUGA J.A

Appearances
MR. KWAME YENKYERE FOR PLAINTIFF/APPELLANT ,MR. OUT-ESSEL FOR THE DEFENDANT/RESPONDENT

Judgement

JUDGMENT

KANYOKE, J.A.

This is an appeal against the judgment of the High Court, Sunyani, dated the 26th day of July 2005 in which the plaintiff/appellants action for a declaration of title to certain properties as family properties was dismissed with costs. The facts of the case are as follows:

The plaintiff/appellant (hereinafter referred to as the appellant) is the uterine sister of one Kwabena Kyeremeh (deceased). The appellant, late Kwabena Kyeremeh and another woman called Kwaa (deceased) had one and the same mother — Adwoa Esie alias Acheama. The defendants/respondents (hereinafter also called the Respondents) are the widow and child respectively of Kwabena Kyeremeh (deceased). The appellant, late Kwabena Kyeremeh and late Kwaa had a maternal uncle called Kwame Baah (deceased). The appellant alleges that before his death, late Kwame Baah acquired some farmlands at places called Kwatwoma and Dupri respectively on Susuanso stool land. It is the case of the appellant that Kwame Baah …

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