MERI KANKAM V. ADWOA SERWAA

JUDGMENT

Dr. Poku Adusei, J.A.

The plaintiff/appellant [hereinafter referred to as the appellant) commenced legal action in the District Court, Asokwa-Kumassi for declaration of title to H/No. E50, Asawase-Kumasi and recovery of possession of a store-room in the subject-house from the defendant/respondent (hereinafter referred to as the respondent). The disputed house was alleged to be the property of one Alhaji Seidu Kankam @ Alhaji Osei Kramo @ Kwabena Kankam, a native of Kwabre, Kenyasi in the Ashanti Region. The appellant is the daughter of the said Alhaji Seidu Kankam, whilst the respondent is the paternal grand-daughter of the said Alhaji Seidu Kankam.

The appellant’s case was that her father, Alhaji Seidu Kankam, died testate on 4 August 2016 and left behind a will executed on 26 August 2003. The contention of the appellant was that her late father bequeathed the residue/remainder of his estate, which had not been expressly mentioned in his will, to his children. According to the …