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SAFO AND ANOTHER V. BADU

(1977) JELR 69809 (HC)

High Court  •  11 Nov 1977  •  Ghana

Coram
ROGER KORSAH J.

Appearances
KUSI-MENSAH FOR THE APPELLANT; A. R. KARIKARI FOR THE RESPONDENT.

Judgement

ROGER KORSAH J.

On 6 August 1974, the plaintiff (the respondent here) filed a writ of summons in the District Court, Grade II, Division III, Kumasi, claiming against the defendant (the appellants herein) an order of ejectment from house No. O.T.A. 62, Odum, Kumasi.

It was averred in the statement of claim accompanying the said writ that by a will dated 26 April 1974 of which letters of administration with will annexed were granted to the plaintiff by the High Court on 22 May 1974, the testatrix, Yaa Anninwaah (deceased) devised house No. O.T.A. 62, Odum, Kumasi to the plaintiff. It was alleged by the plaintiff in the said statement of claim that: “The defendants, by reason of their relationship with the plaintiff’s family, were allowed to reside in the said premises during the life time of Yaa Anninwaah (deceased) subject to good conduct.”

The plaintiff further alleged in the said statement of claim that on 27 May 1974, he wrote to the first defendant asking her to attorn tenant to him,…

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