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JAMILA YAKUBU V. ABDUL AZIZ ISHAK

(2022) JELR 109895 (CA)

Court of Appeal  •  H1/18/2022  •  31 Mar 2022  •  Ghana

Coram
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., S. K. A. ASIEDU J. A.

Judgement

POKU-ACHEAMPONG, J.A.:

This is an appeal against the ruling of a Kumasi High Court dated 6 July 2020 in respect of an intermeddling application regarding the estate of one Mahmoud Issaka (Deceased).

Background:

It may be worthwhile to recount the chronology of events before the intermeddling application.

1. Jamila Yakubu the Respondent in this appeal on 21 /1/20 filed an application for Letters of Administration in respect of the estate of her late husband Mahmoud Issaka..

2. On 23/1/2020 Abdul Aziz Ishak the Appellant herein and brother of the deceased caveated.  The Trial Judge in the Court proceedings of 29/1/2020 ordered the caveat to be served on the Applicant by close of work on 29/1/2020.

The Caveator was directed to file his affidavit of interest on or before 5 Feb. 2020.

3. The Appellant and Customary successor Abdul Aziz Ishak was ordered to deposit in court the sum of ¢300,000.00 on or before 10/2/2020 in respect of the case out of the total amount of GH¢1,379,400.00 stated in the…

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