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MR. GYAMFI AND 3 OTHERS V. KONADU AMEYAW AND 3 OTHERS

(2004) JELR 64999 (CA)

Court of Appeal  •  CIVIL APPEAL NO.65/2002  •  28 Jan 2004  •  Ghana

Coram
ADINYIRA (MRS) J.A. (PRESIDING), ASIAMAH J.A, ANIM J.A

Judgement

ASIAMAH, J.A.

The 1st, 2nd and 3rd Appellants are the children of the testator, Akwasi Addae of Sepase, Ashanti begat by Akua Addae, the 4th Appellant. The Late Akwasi Addae was an industrious farmer. He acquired some forest land on the Adansihene Stool Land at a place named as "Kwadwofobehunu" and cultivated it into farms and later apportioned separate portions of this farm land in his Will among his two wives, Akua Addae and Abena Dede and the children of Akua Addae who are the joint appellants in this action. This testamentary disposition has been stipulated in the Will tendered in evidence at the trial circuit court and marked Exhibit B.

The Will was executed on 22nd April 1979. It was on account of the disagreement resulting from the distribution of the devise made in Exhibit B by the 1st Plaintiff/Respondent who was an Executor to the Will and a maternal family member of the testator that the Plaintiffs/Respondents Instituted an action at the circuit court Kumasi for the interpret…

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