KWANTRENG V. AMASSAH & ORS
(1962) JELR 82753 (SC)
Supreme Court
•
9 Apr 1962
•
Ghana
Coram
VAN LARE JSC, SARKODEE-ADOO JSC AND ADUMUA-BOSSMAN JSC
Appearances
K. Bentsi-Enchill For the Appellants. E. Akufo-Addo with him G. Koranteng-Addow For the Respondent.
Judgement
<p style="text-align: justify;"><strong>ADUMUA-BOSSMAN J.S.C.</strong> </p><p style="text-align: justify;">The plaintiff's writ of summons was originally filed against Mrs. Mary Amassah (nee Armah Kwantreng) her paternal sister, both of them being daughters by different mothers of the late Kwamla Armah Kwantreng, a prominent citizen and well-known licensed surveyor of Accra who died, according to the evidence, in June 1957. The original defendant unfortunately died before trial of the action could commence, whereupon her eldest surviving daughter and duly appointed customary successor was formally substituted for her. Moreover, three other paternal sisters who claimed interest in the premises by virtue of a devise contained in the last will and testament of their late father, probate whereof was granted by the High Court on the 10th February, 1958, also applied and were duly joined as co-defendants.</p><p style="text-align: justify;">The writ of summons was accompanied by a statement of claim which contained the following material allegations:</p><blockquote><p style="text-align: justify;">"The subject-matter of this claim which is fully described inβ¦</p></blockquote>