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MADAM ADWOA SERWAAH V. KWADWO BAAFI AND 2 OTHERS

(2017) JELR 67469 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/03/2017  •  16 Feb 2017  •  Ghana

Coram
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.

Judgement

DOMAKYAAREH (MRS), J. A.

1. This appeal arose from litigation among members of the same family concerning the management of their family property. The plaintiff/respondent herein sued the defendants/appellants in her capacity as the eldest female member of their maternal family on her own behalf and on behalf of the maternal members of her said family. The 1st defendant/appellant is their Head of Family and the 2nd and 3rd defendants/appellants are biological sons of the plaintiff/respondent who have been appointed by the 1st defendant/appellant as caretakers of his stewardships of the family property due to his old age and ill-health.

2. The plaintiff/respondent claimed the following reliefs at the trial court, namely:-

“a) A declaration that the under listed properties belong to the plaintiffs immediate maternal family, namely;

(i) All that story building house on plot number M/S BLK 4, Kumawu, Ashanti

(ii) All that parcel of cocoa farms situate, being and lying at a place commonly known…

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