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BEATRICE ARYEE, JOEL ARYEE AND DORIS ARYEE V. KWAKU FREMPONG DEBRAH AND KWAME FREMPONG

(2009) JELR 66280 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/180/2009  •  17 Dec 2009  •  Ghana

Coram
ASARE-KORANG JA-PRESIDING, MARFUL-SAU JA, OFOE JA

Appearances
SIR STEPHEN ASANTE-ANSONG FOR PLAINTIFF/APPELLANTS,NAA AFALEY DADSON FOR NENE AMEGATCHER FORDEFENDANTS /RESPONDENTS

Judgement

JUDGMENT

MARFUL-SAU JA; This appeal is taken from the judgment of the High Court, Koforidua. The plaintiff/appellants to be referred to as appellants, by their writ of summons claimed the following reliefs:-

A declaration that the devise made in paragraph 4 of the last Will of Emmanuel Kwesi Agyei Debrah which affects House No.SDA 143 is void and of no effect.

A declaration that the devise made by Emmanuel Kwesi Agyei Debrah at paragraph 6 of his last Will which affects House No. SD/A 140 is illegal, void and of no effect.

A declaration that the devise made by Emmanuel Kwesi Agyei Debrah at paragraph 3 of his last Will which affects House No. SD/F 16 Koforidua is illegal void and of no effect.

A declaration that the devise made by Emmanuel Kwesi Agyei Debrah at paragraph 9(ii) of his last Will which affects the farm land at Beposo Pole Ase Obuotabiri is illegal, void and of no effect.

Perpetual injunction to restrain the dependants, the beneficiaries under the said devise under the said Wil…

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