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IN RE AGYEPONG (DECD.); POKU V. ABOSI AND ANOTHER

(1981) JELR 69283 (CA)

Court of Appeal  •  6 Jul 1981  •  Ghana

Coram
JIAGGE JA, FRANCOIS JA, MENSA BOISON JA

Appearances
HAYFRON-BENJAMIN FOR THE APPELLANT; AKAINYAH FOR THE RESPONDENT.

Judgement

JIAGGE J.A.

The appellant, by an ex parte motion, applied to the High Court, Kumasi, for letters of administration in respect of the estate of her late husband and on the orders of the court the usual notices were posted.

Three caveats were entered. The first caveat was entered by Afua Donkor of Kumasi who disclosed in her affidavit that house No. BA 147, Kumasi, was assigned to her on 9 June 1970 by the deceased J. K. Agyepong and that the said house should not be included in the list of properties belonging to the deceased at the time of his death.

The second caveat was entered by Broadway Cinema and Hotel Co., Ltd. One Emmanuel Victor Addo-Boamah who described himself as a law clerk of Benyin Chambers, Kumasi swore to an affidavit stating that:

“I am informed and verily believe that the under-mentioned properties belong to the Broadway Cinema and Hotel Co., Ltd.:
(a) Zenith Hotel, Takoradi.
(b) Prempeh Cinema Palace, Takoradi.
(c) Gyandu Cinema Palace, Sekondi.
(d) Rex Cinema, Sekondi…

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