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APPIAH II V. BOAKYE

(1994) JELR 68086 (SC)

Supreme Court  •  1 Feb 1994  •  Ghana

Coram
FRANCOIS JSC, ABBAN JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC

Judgement

ABBAN JSC

The Court of Appeal on 24 January 1991 reversed the ruling of the High Court, Kumasi given in favour of the appellant-defendant (hereinafter referred to as the defendant). It is against that decision of the Court of Appeal that the defendant appealed to this court.

The respondent (hereinafter referred to as the plaintiff) by his writ of summons claimed:

(a). “A declaration that one Yaw Manu (Decd) late of Abenase-Ejisu and Yaw Mensah (Decd) late of Abenase-Ejisu, the uterine brothers of the defendant, were members of the plaintiff’s maternal family.
(b). A declaration that consequent upon a statutory declaration by the defendant, of unknown date, by which the defendant renounced any or all family ties with the plaintiff, the properties of Yaw Manu (Decd) and Yaw Mensah (Decd) which became the family properties of the plaintiff and which were handed over to the defendant as customary successor of the said late Yaw Mensah should be surrendered by the defendant to the plaintiff.”…

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