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BOATENG V. BOATENG

(1995) JELR 69471 (CA)

Court of Appeal  •  12 Apr 1995  •  Ghana

Coram
ADJABENG JA, LAMPTEY JA, LUTTERODT JA

Appearances
S K AMOFA FOR THE APPELLANT; ANIN YEBOAH FOR THE RESPONDENT.

Judgement

ADJABENG JA

The plaintiff-appellant who is the successor to the defendant-respondent’s late father, Jonas Kofi Boateng, instituted an action at the High Court, Koforidua against the defendant-respondent herein. His claim is for a declaration that house No BT/D7, Koforidua, which the defendant included in the inventory of the letters of administration she obtained in respect of the estate of her late father, was not the self-acquired property of the said deceased but rather family property.

The case put up by the plaintiff was that the land on which the house in dispute was built had been purchased by the deceased’s mother called Yaa Donkor. According to the plaintiff’s evidence, after purchasing the land in dispute, the said Yaa Donkor built a swish building comprising three rooms on a portion of the land and lived therein with her family. She also built a four-room uncompleted structure on the said land; that it was this uncompleted structure which the defendant’s late father with his …

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