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JULIANA RICHARDS V. JIMMY NKRUMAH

(2014) JELR 68671 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/9/2014  •  17 Jul 2014  •  Ghana

Coram
J. ANSAH JSC (PRESIDING), R. OWUSU (MS) JSC, J. DOTSE JSC, N.S. GBADEGBE JSC, J. B. AKAMBA JSC

Judgement

JUDGMENT

AKAMBA, J.S.C.

The issue in controversy between the parties in this appeal falls within the narrow compass of what the true intention of the deceased husband and father respectively of the appellant and respondent was when he acquired Property Plot No 14, Old Bekwai Road Kumasi the subject of the present dispute.

BRIEF FACTS

The deceased, Francis Nkrumah, in 1987, purchased H/No 14, Old Bekwai Road, Kumasi as trustee for and on behalf of his infant children Gimmy Nkrumah aged twelve (12), Kofi Nkrumah aged five (5) and Nana Serwaa aged two (2). The transaction was evidenced by an indenture tendered at the trial. (See page 125 to 128 of ROA). The deceased eventually constructed a twenty-two room Hotel on a portion of the property. Thirteen years after the transaction, precisely in the year 2000, the deceased married Juliana Richards, the Defendant/Appellant/Appellant (herein after simply the Appellant). Francis Nkrumah died on 2nd January 2005 and in the listing of his estate for …

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