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MARY TETTERLEY BILL & 5 ORS AND ROBERT ALEXANDER ATTUGUAYE COLLEY V. EMMANUEL ABEKA BIL

(2006) JELR 68384 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/7/2004  •  28 Jun 2006  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING),GEORGINA WOOD J.S.C,PROF OCRAN J.S.C,ANSAH J.S.C,ANINAKWAH J.S.C.

Judgement

ATUGUBA JSC

The plaintiffs-respondents-respondents (hereinafter referred to as the plaintiffs) sued the defendant-appellant-appellant (hereinafter referred to as the defendant and the co-plaintiff-respondent-respondent in the High Court, Accra in an estate matter in respect of which the latter two are the administrators, having been granted letters of administration.

Owing to opposing attitudes by these administrators towards the suit, the High Court, upon the plaintiffs' application, struck out the co-plaintiff who was then the second defendant, and joined him in his current position, as the co-plaintiff.

When trial opened, the plaintiffs called three witnesses. They testified. However, when the co-plaintiff was called by the plaintiffs as the fourth plaintiff witness, the defendant's counsel, Mr Nii Amponsah, upon his being sworn, raised an objection on the grounds that: first, having renounced administration he must act jointly with the defendant; and second, that he has not pleaded a…

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