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IN RE AGYEPONG (DECD.); DONKOR AND OTHERS V. AGYEPONG

(1973) JELR 68200 (CA)

Court of Appeal  •  11 Dec 1973  •  Ghana

Coram
APALOO JA,AMISSAH JA,SOWAH J.A.

Judgement

APALOO J.A.

The late Joseph Kofi Agyepong died at Takoradi on 20 December 1971. Although he seems to have hailed from Kumasi, the evidence suggests that he lived at Takoradi, where he had considerable property. He contracted a marriage under the provisions of the Marriage Ordinance, Cap. 127 (1951 Rev.), on 6 October 1956 with the respondent. There are two issues of that marriage a girl and a boy both of whom are infants, their ages being fourteen and seven years respectively. The deceased was survived by his widow and these children. He died intestate.

On 13 January 1972, the respondent as the widow and lawful relict of the deceased, applied to the High Court, Kumasi, for letters of administration to administer the estate of her husband. That application came before the court on 18 January, and the court made an order acceding to the application on condition that “the usual notices” be filed. These were filed and as a result two persons and a limited company all acting by the same soli…

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