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THE REPUBLIC V. HIGH COURT, HUMAH RIGHTS DIV. ACCRA EX-PARTE: JOSEPHINE AKITA, INTERESTED PARTIES; MRS. SALMA F. MANCELL-EGALA AND AG

(2010) JELR 67181 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/7/2010  •  17 Feb 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC

Appearances
KIZITO BEYUO FOR THE APPLICANT; KWAME BOAFO AKUFFO BEING LED BY SOMUAH ASAMOAH FOR THE 1ST INTERESTED PARTY., CECIL ADADEVOH (SSA) FOR THA ATTORNEY GENERAL.

Judgement

RULING

BROBBEY, JSC

This is a ruling on an interlocutory application. The facts which gave rise to the case are as follows: Mancell Vocational Institute (hereinafter referred to as the Institute) was owned by Mrs. Rosamund Mancell who died testate on 14 August 1987. She bequeathed the Institute to her five children. After the necessary probate had been taken, vesting assent was given to the children.

One of the children was Elizabeth Mansa Mancell. She died in 1993, leaving behind three children by name Josephine Akita, Francisca Hammond and Ronald Renee. The three children took over the interest of Elizabeth Mansa Mancell in the estate. In this application, Josephine Akita describes herself as the applicant, the administratrix of the estate of the deceased Elizabeth Mansa Mancell and representative of herself and the two children (as appearing in the suit she brought earlier in the High Court).

In 2006, an agreement was allegedly reached to sell the Institute. It was eventually bought by…

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