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HAROLD KWAME TEMAKLO & MAUREEN DERBAN V. FAUSTINA WOOD (SUBSTITUED BY NANE KWEKU ASANTE KORANTENG)

(2007) JELR 92096 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/22/206  •  23 May 2007  •  Ghana

Coram
AKUFFO, (MS), J.S.C.C. (PRESISING) BROBBEY, J.S.C. DR. TWUM, J.S.C. ANSAH, J.S.C. ANINAKWA, J.S.C.

Appearances
Mr. Odartey Lamptey for Appellant. Mr. Seth Owusu for Respondent.

Judgement

JUDGMENT

SOPHIA A. B. AKUFFO (MS), J.S.C:.

By a Writ of Summons issued on 1st April 1994, the Respondents (hereinafter referred to as ‘the Plaintiffs’) sued the original Appellant (hereinafter referred to variously as ‘the Defendant’ or ‘Madam Wood’, claiming the following reliefs:-

  1. A declaration that, on the death intestate of Sylvia Adoley Garshong her self acquired property, House Number 649/10, Awudome Close, also known as number 1070, Kaneshie, became the property of her three children pursuant to Section 4(a) of  the Intestate Succession Law, 1984 (PNDCL 111).
  2. An order of the Court compelling the original Defendant, the co-administratrix of Sylvia Garshong’s estate to join the other administratrix in executing a vesting assent, vesting the said property in the children of the deceased.
  3. An order of perpetual injunction restraining the Defendant from attempting to exercise any rights of ownership or possession over the property.

The basic facts giving rise to this dispute are that Madam…

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