judy.legal
Login Register

KWAKO V. TAWIAH

(2001) JELR 68276 (SC)

Supreme Court  •  12 Dec 2001  •  Ghana

Coram
BAMFORD-ADDO JSC, AMPIAH JSC, KPEGAH JSC, LAMPTEY JSC, ADZOE JSC

Judgement

JUDGEMENT

ADZOE JSC.

Delivered the first judgment at the invitation of Bamford-Addo JSC. Isaac Ottie alias Agya Atta died on 10 August 1982. He hailed from Kenkase, Kwabre No 3 in Ashanti. He left behind a will dated 26 January 1982. In the will he devised houses and farms to his wife, children and other persons. Among the devisees was one Kwadwo Kwako, the appellant herein. The testator in cluase (7) of his will devised six rooms in house No 54, Block 12 to the appellant. Then in clause (13) of the will the testator declared that:

“Kwadwo Kwako is to inherit me on my death and all the properties which I have not devised must go to him.”

The plaintiff-respondent (hereinafter referred to as the respondent) did not receive any gift under the will. On 7 February 1991 the respondent describing himself as:

“One of the principal members of the Bretuo family or clan of Kenkase-Ashanti and a beneficiary under the late Isaac Ottie’s said will and who claims to be interested in the residuary estate…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login