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(1961) JELR 67445 (HC)

High Court  •  30 Jun 1961  •  Ghana



OLLENNU J.: This is an appeal from a judgment of the District Court, Koforidua, which reversed the decision of the local court magistrate, Nkawkaw, given in favour of the plaintiff. The material part of the judgment of the learned district magistrate is as follows: “After hearing counsel on both sides, I am satisfied that the deceased testator in his life-time acquired the properties in dispute for himself and therefore cannot be deemed to be family property.” The submissions made for the defendants before the learned magistrate are:

(1) Since probate had been granted of the will of the testator, a local court had no jurisdiction to entertain a suit for declaration that the properties, subject-matter of the said will are family property and not the individual property of the testator;

(2) That no evidence was adduced to prove that the property is family property;

(3) That no family property was traced to the defendants, the executors and beneficiaries under the will of the testator; and


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