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IN THE MATTER OF THE ESTATE OF KODJO OYEMAN BROWN (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR L/A BY: GODFREY MARTIN ESSANDOH (APPLICANTS/RESPONDENTS), BEDFORD KORSAH BROWN AND MERCY SAGOE (APPLICANT/APPELLANT)

(1998) JELR 69526 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 134/95  •  22 Jan 1998  •  Ghana

Coram
WOOD J.A. (PRESIDING), ESSILFIE-BONDZIE J.A., GBADEGBE J.

Judgement

WOOD, J.A.

This is an appeal from the decision of Benin, J. (as he then was) dated 11th July, 1994. The facts which gave rise to the proceedings culminating in the said decision are very simple indeed. One Kojo Oyeman Brown died intestate on 22nd February, 1986. He appears to have been an extremely wealthy man for he died possessed of several houses. He was also survived by three wives and twenty one children. Not suprisingly, it was these same factors namely, the fact of his intestacy, the extent of his wealth as well as the sheer size of his nuclear family which led to his family’s inability to distribute the properties among those entitled to them, to their satisfaction. His customary successor later applied for joint letters of administration for himself, the deceased eldest child, Ernest Kofi Brown and the appellant, who is one of the widows. Following upon an application subsequently brought by the appellant, the widow by name Mercy Sagoe, the learned trial judge proceeded to dis…

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