KYEI AND OTHERS V. AFRIYIE

LARTEY J.: On 3 November 1981 the plaintiffs caused a writ of summons to issue against the defendant wherein the claim was for the following reliefs:

(a) “An order that the defendant shall repay to the first plaintiff the expenses, or such portion thereof, incurred by the first plaintiff in respect of maintenance and education of the second, third, fourth and fifth plaintiffs, infant children of Isaac Akohene Asamoah from July 1977 till the date of judgment.

(b) An order that the defendant shall maintain and educate the second, third, fourth and fifth plaintiffs till their majority or attainment of full age.”

On 30 June 1988 the claim was amended by adding an additional or alternative claim as follows: “a declaration that the plaintiffs are entitled to ownership and possession of plot No. 215A, Kwadaso Estate by virtue of the Intestate Succession Law, 1985 (P.N.D.C.L. 111).”

The facts which were averred in support of the claim were that the first plaintiff is the widow of one Isaac Akohe…