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AMPONSAH AND OTHERS V. BUDU

(1990) JELR 68032 (SC)

Supreme Court  •  17 Dec 1990  •  Ghana

Coram
AMUA-SEKYI J.S.C,AIKINS J.S.C,EDWARD WIREDU J.S.C,AMPIAH J.A,AMUAH J.A

Judgement

AMUA-SEKYI J.S.C.: The brothers, Kwesi Donkor and Kofi Wusu (Owusu), now deceased, were Guans. They hailed from Abiriw in Akuapim. Succession to their estate is patrilineal. It was the case for the plaintiff, Ama Amponsah, and those she represents, that Owusu, who died in or about 1953, was the owner of the properties listed in the statement of claim; that of the defendant, Kwadwo Budu, and he represents, was that the properties was acquired by Kwesi Donkor. The defendant further alleged that since the death of the two brothers the properties have been shared among members of their family and that portions have been given to the plaintiff and those she represents. Although the sharing was denied by the plaintiff, the evidence suggests that at the time of the commencement of the suit, part of the properties were in the hands of the plaintiff and part in the hands of the defendant.

The defendant is a son of Donkor. His position in the family to which the two deceased brothers belonged wa…

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