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MRS. EVELYN B. ETSE V. DORIS ETSE

(2022) JELR 110084 (CA)

Court of Appeal  •  H1/07/2022  •  8 Jul 2022  •  Ghana

Coram
OFOE (MR.) J.A (PRESIDING) BARTELS-KODWO (MRS.) J.A. BERNASKO ESSAH (MRS.) J.A.

Judgement

BARTELS-KODWO, J.A:

This is an appeal against the judgment of the High Court, Ho delivered on 30th July, 2021. This can be found at page 180-195 of the Record of Appeal (ROA). The parties in this judgment will be referred to as the Appellant and the Respondent.

BACKGROUND

The Appellant as Administratrix of the Estate of the late Dr. Daniel Etse took an action against the Respondent for a declaration of title to a piece of land as described in the Writ of summons as well as for a declaration that all the children of the late Dr. Daniel Etse were entitled to his estate as beneficiaries among other reliefs. The Respondent filed a defence and counterclaim to the action seeking for a declaration that, the late Dr. Daniel Etse gifted the land in dispute to the Respondent during his lifetime and that the said land could no longer be considered as part of the estate of the deceased, among other reliefs sought. It is interesting to note that the Appellant is the widow of the late Dr. Daniel Etse …

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