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THERESA BOAKYE &. FRANK ASIEDU BOAKYE V. OPANIN KWAME ASIEDU

(2021) JELR 109679 (SC)

Supreme Court  •  J4/22/2021  •  15 Dec 2021  •  Ghana

Coram
DOTSE (PRESIDING) PWAMANG JSC TORKORNOO (MRS.) JSC AMADU JSC KULENDI, JSC

Judgement

 TORKORNOO (MRS.) JSC:- 

Background facts 

The plaintiff/appellant/respondent is the brother of one Kingsley Kwadwo Boakye  (deceased). The defendants/respondents/appellants are the widow and son of Kingsley Kwadwo Boakye (hereinafter referred to as Kingsley Boakye). The plaintiff sued in his  capacity as brother and customary successor of Kingsley Boakye. The subject matter of  the dispute is six plots of land situated in Abenase near Oda, with a house thereon  numbered house No. J2, Abenase.  

The parties are agreed regarding the location of the land, and the fact that the house in  issue was built by Kingsley Boakye from resources that none of his mother's children  contributed to. Beyond that, they disagree on who acquired the land on which the  house is built, and the nature of Kingsley Boakye's interest in the house after he built it.  

According to the Plaintiff/Respondent (hereinafter referred to as Plaintiff), the  land was allocated to his mother Maame Yaa Anyanyan of Abenase (a…

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