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FLORENCE NAADU LARTEY & 3 ORS. V. ABBAN OTOO.

(2001) JELR 68299 (SC)

Supreme Court  •  C.A. NO. 15/98.  •  21 Feb 2001  •  Ghana

Coram
AMPIAH J.S.C. (PRESIDING),KPEGAH J.S.C,ADJABENG J.S.C.,ACQUAH J.S.C,ATUGUBA J.S.C.

Judgement

JUDGMENT

ADJABENG, J.S.C.:

This is an appeal against the unanimous decision of the Court of Appeal which had dismissed the appellants' appeal and upheld the decision of the trial High Court dismissing their claim for grant of letters of administration in respect of their late father's estate. The trial High Court held that the issue as to whether it was the maternal or the paternal family of the appellants' late father that was entitled to administer the estate of their late father, Edward Daniel Lartey, had been decided earlier in 1955 by the High Court, Accra, in favour of the respondent's predecessor called Ben Quao Mensah. As such, the appellants were estopped per rem judicatam by the said earlier decision from relitigating the matter. That this was so, especially, as the appellants never appealed against the said earlier decision to enable an appellate court set it aside.

The 1st, 2nd and 3rd plaintiffs/appellants are the children of the late Edward Daniel Lartey whose estate was th…

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