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OBAAPANIN ABENA MANU & 43 ORS V. OPANIN KWAKU MENSAH & 4 ORS

(2018) JELR 69605 (CA)

Court of Appeal  •  SUIT NO. H3/58/2016  •  27 Feb 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Appearances
DR. ERNEST OWUSU DAPAAH FOR DEFENDANTS/RESPONDENTS.

Judgement

WELBOURNE JA

The Background

This is a story of a very loving family of brothers who did a lot in common. The story is told that they farmed together and acquired property together. These brothers, who I will describe as “ancestors” in this appeal, were the late Yaw Bour, Yaw Adusei, Kwadwo Adutwum, Amoako Atta Senior and Amoako Atta Junior.

The case of the Appellants is that the 1st Appellant is the surviving spouse of the Late Yaw Bour and the other Appellants are the children of the Late Yaw Bour, Yaw Adusei, Kwadwo Adutwum, Amoako Senior and Junior.

According to the Appellants their deceased fathers jointly acquired four different lands at PEPOSO and KUKUBOSO near Mpasatia, NTABAWU near Mankranso and ASUOKAW near Bibiani and cultivated cocoa farms on the said lands. The Appellants stated that their fathers and husbands jointly built a House at WADIE ADWUMAKASE for their family out of the proceeds of the said cocoa farms. The Appellants further stated that the deceased fathers subsequen…

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