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(1979) JELR 69505 (HC)

High Court  •  9 May 1979  •  Ghana



WUAKU J.: Joseph Benjamin Bentil died intestate on 6 January 1971. Joint letters of administration was granted to the first plaintiff witness, the deceased’s sister, Mrs. Elizabeth Abban and the defendant, the deceased’s widow, Mrs. Agnes Bentil. The defendant, Mrs. Agnes Bentil, was married to the late Joseph Benjamin Bentil on 19 April 1949 under the Marriage ordinance, Cap. 127 (1951 Rev.). The defendant demanded that the deceased’s properties be divided into two moieties, one for herself and the other for the deceased’s family.

The other administratrix, the first plaintiff witness, made it known to the defendant that the deceased left behind a son surviving him. This was denied by the defendant who asserted that the plaintiff is not the son of her husband. The defendant’s denial of the paternity of the plaintiff has resulted in this action.

By the indorsements on his writ of summons, the plaintiff claims:

“1. Declaration that he is the lawful child of Joseph Benjamin Bentil (deceased…

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