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GBERBIE V. GBERBIE AND OTHERS

(1966) JELR 65650 (HC)

High Court  •  16 Dec 1966  •  Ghana

Coram
AMISSAH J.A.

Appearances
ANSAH FOR THE APPELLANT; JOE REINDORF FOR BOSSMAN FOR THE RESPONDENTS.

Judgement

AMISSAH J.A.: The appellant, who was the defendant in the court below, appeals from the decision of the local court that the respondents, who were plaintiffs, should recover from him the sum of £G68 13s. 4d. plus £G9 3s. costs. The sum of £G68 13s. 4d. is the share of the proceeds of a farm owned by all the parties together, during the period when the appellant was caretaker of the farm. The appellant and the respondents spring from the same father. The case which the respondents sought to establish was that during his stewardship the appellant realised £G150 from the farm of which amount he said he had used £G50 for the repair of their grandmother’s house. Therefore allowing him this amount of £G50 as legitimately spent, there was an amount of £G100 unaccounted for, to which they were all entitled. According to the respondents that amount was found due to them at an arbitration before two arbitrators. The substance of this case was accepted by the local court magistrate, who, taking …

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