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MESDAMES FAUSTINA PATIENCE CUDJOE, ELIZABETH TWENE AND KWABENA AGYEKUM V. HARRY AGYEKUM

(2011) JELR 66410 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/32/2011  •  21 Jul 2011  •  Ghana

Coram
KANYOKE J.A. (PRESIDING), KUSI-APPIAH J.A., OFOE. J.A.

Appearances
MR. KWAKU G. BAFFOUR FOR PLAINTIFF/APPELLANT,MR. GEORGE ESHUN FOR DEFENDANT/RESPONDENT

Judgement

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal from the decision of the High Court, Accra dated 23rd day of July 2009 in favour of the defendant now the Respondent against the three plaintiffs now the Appellants herein.

The plaintiffs/appellant described themselves as the administrators of the estate of the late William Davies Agyekum who died on 3rd September, 1985 in Accra. The defendant/respondent is the son of William Davies Agyekum (deceased) and the occupant of the property known as H/No. C44/1, Kokomlemle-Accra and which forms part of the estate of the deceased William Davies Agyekum.

In this judgment, we shall refer to the parties by their positions in the court below.

The facts which gave rise to this appeal can be nutshelled as follows:

On or about the 19th of February 2008, the plaintiff issued a writ of summons accompanied by a statement of claim against the defendant at the High Court, Accra claiming the following reliefs:

“1 An order compelling the defendant to immediately vacate…

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