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ERIC AKWETEY SIAW & 2 OTHERS V. TETTEH SIAW-SAPPORE & 2 OTHERS

(2016) JELR 65455 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/197/2014  •  16 Jun 2016  •  Ghana

Coram
F. KUSI-APPIAH JA (PRESIDING), A. M. DORDZIE JA, S. DZAMEFE JA

Appearances
ISAAC OFOSU-BOATENG FOR 2ND & 3RD PLAINTIFFS / APPELLANTS ,GEORGE ABORGAH FOR DEFENDANTS / RESPONDENTS

Judgement

JUDGMENT

AGNES A. M. DORDZIE, JA:

The appellants herein filed a motion under Order 66 Rule 3 of the High Court (Civil Procedure) Rules 2004 C. I. 47, in the High Court Tema, praying the court to punish the respondents for intermeddling with the estate of one Angelina Mamle Siaw-Sappore, deceased.

The facts upon which the application was brought was set out in the supporting affidavit and it is that, the respondents fraudulently obtained Letters of Administration from the court to administer the estate of their deceased relative, Angelina Mamle Siaw-Sappore. The appellants sued them for wrong doing, judgment was given in favour of the appellants and the Letters of Administration obtained by the respondents was set aside. The appellants subsequently applied for Letters of Administration which was granted them. The appellants therefore became the lawful administrators of the estate of Angelina Mamle Siaw-Sappore.

The respondents however have refused to hand over the estate to the appellants …

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