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HAWA MUSAH V. FATI MUSAH

(2011) JELR 68541 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/35/2010  •  17 May 2011  •  Ghana

Coram
AKUFFO (MS) JSC (PRESIDING), ADINYIRAH (MRS) JSC , ANIN-YEBOAH JSC, BAFFOE-BONNIE JSC , GBADEGBE JSC

Judgement

JUDGEMENT

GBADEGBE JSC:

We begin this delivery with the statement that this case is in our opinion another example of how simple fact situations in the dealings between blood relations often end up in the courts requiring pronouncements that involve important questions of law. In our view although this is a vindication of the capacity of the legal system to order our lives, it would have been preferable if the action herein had been resolved through ADR. We must express our regret that such determinations have the effect of impacting negatively on the future relationship of the parties. Now to the facts on which this case turns.

Following the death of a person to whom we shall conveniently in this judgment refer to as B, and in the course of the distribution of his estate a building situate in Tamale that was being utilized as a hotel (the property) was allotted to the plaintiff herein and her daughter as well as four other persons. The beneficiaries and those who were responsible for th…

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