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MRS. MATILDA AKU OBENG AND EMEFA YAA EGBENYA-OBENG (PLAINTIFFS) V. ATTORNEY GENERAL, THE CHIEF OF THE DEFENCE STAFF, DIRECTOR OF ESTATE – GAF AND THE COMMANDING OFFICER - GAF

(2018) JELR 65565 (HC)

High Court  •  SUIT NO.GJ/1051/2016  •  10 Apr 2018  •  Ghana

Coram
JUSTICE KWEKU T. ACKAAH- BOAFO

Appearances
MR. BRIGHT OKYERE ADJEKUM WITH MAAME SARPONG FOR THE PLAINTIFFS ,MS. UMMU ZAKARI FOR THE DEFENDANTS

Judgement

JUDGMENT

i. Introduction:

[1] In this case, a decision made by the Director of Estates of the Ghana Armed Forces’ Committee of Adjustment in respect of the late Air Commodore Obeng (Deceased), is the centerpiece of this litigation. The Plaintiffs contend that the Committee erred by varying the Nomination Form, DFA 400 to add persons who were not listed as beneficiaries by the deceased. The court is called upon to consider among other things, whether the Director of Estates has the right to vary the DFA 400 of the deceased.

[2] Per a writ of summons sealed in this registry on 26th day of September, 2016 the Plaintiffs claimed against the Defendants herein the following judicial reliefs set out here below:

a. A Declaration that the 3rd Defendant is not entitled to vary the Nomination Paper (DFA 400) of the Deceased.

b. A Declaration that 3rd Defendant’s variation of the Nomination Paper (DFA 400) of the Deceased is arbitrary, unlawful, null and void.

c. An Order directed at the Defendants to …

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