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KWADWO MIREKU & TWENEBOAH KODUAH V. YAW MIREKU

(2011) JELR 91864 (CA)

Court of Appeal  •  H1/184/2008  •  3 Feb 2011  •  Ghana

Coram
A ASARE-KORANG JA [PRESIDING], FRANCIS G KOBIEH JA, DENNIS D ADJEI JA

Judgement

JUDGMENT


DENNIS D ADJEI JA

The Plaintiffs/Respondents/Appellants (hereinafter called the Plaintiffs) got locked up with the Defendant/Appellant/Respondent (hereinafter called the Defendant) at the Community Tribunal, Dunkwa-on-Offin in a dispute relating to ownership of a cocoa farm situate at a place commonly known as “WONAWU A WONTE” on Diaso stool land and some rooms in a house at Diaso.  The Plaintiffs brought this action for themselves and on behalf of their brothers and sisters, that is, the children of the late Kwame Efa.

The Community Tribunal, Dunkwa-on-Offin gave judgment to the effect that the properties endorsed on the Plaintiffs writ of summons were the self acquired properties of the late father of the Plaintiffs who died intestate in 1984 and ordered his properties to be distributed in accordance with Intestate law prevailing in Ghana as at 1984.  The Defendant who is a nephew and customary successor to the late Kwame Efa became aggrieved with the judgment of the Community…

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