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AUGUSTINE YAW MANU V. MADAM ELIZABETH AMMA NSIAH

(2005) JELR 68337 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/32/2004  •  12 Jan 2005  •  Ghana

Coram
MISS AKUFFO J.S.C. (PRESIDING,DR. TWUM J.S.C,DR. DATE0BAH J.S.C,LARTEY J.S.C,ANINAKWA J.S.C.

Judgement

J U D G M E N T

LARTEY, J.S.C.: This is an appeal against the judgment of the Court of Appeal reversing the judgment of the High Court, Kumasi, which held that the appellant (hereinafter referred to is the plaintiff) had capacity to file this action and that the disputed house is family property. Aggrieved by the High Court decision the respondent (hereinafter also referred to as the defendant) successfully appealed against the judgment of the High Court and had it overturned.

The plaintiff issued the instant writ at the Kumasi High Court against the defendant claiming:

“1. A declaration that House No. Z.E. 172 Zongo Extension/Kumasi-Ashanti is the property of the immediate matrilineal family of the late Stephen Yaw Nimo.

2. That the late Stephen Yaw Nimo had no capacity to present House No. Z.E. 172 Zongo Extension, Kumasi/Ashanti intervivos by a purported ‘Deed of Gift’ to Madam Elizabeth Amma Nsiah without the knowledge and consent of the matrilineal family the owner thereof.

3. That th…

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