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AMPAH V. PRAH

(1994) JELR 69459 (CA)

Court of Appeal  •  27 Jan 1994  •  Ghana

Coram
OFORI-BOATENG JA, ADJABENG JA, LUTTERODT JA

Judgement

ADJABENG JA.: On 7 November 1991 the plaintiff-respondent (hereinafter referred to as the plaintiff), Ebusuapanyin Kofi Prah, the head of the Adwenadze family of Ekumfi Adansimaim, took action against the defendant-appellant (hereinafter referred to as the defendant), Mrs Nancy Eddie Ampah, the administratrix of the estate of her late husband, Eddie Ampah. The plaintiff claims as follows:

(1). “A declaration that the Adwenadze family of Ekumfi Adansimaim, being the maternal family of the defendant’s husband; Edward Benjamin Kwesi Ampah (deceased) otherwise known as Eddie Ampah, who died intestate on 29 May 1967, is entitled to one-third of his estate under and by virtue of section 48 of the Marriage Ordinance, Cap 127 (1951 Rev).

(2). An order upon the defendant, as the sole or surviving administratrix of the said estate by revised grant dated 4 December 1972, to execute a vesting assent or otherwise take immediate steps to vest the said one-third share of the said estate in the plaint…

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