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TOGBE AKPOMA I AND KEN MENSAH V. MRS. GLADYS MAWULI MENSAH

(2018) JELR 68885 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/36/2017  •  12 Dec 2018  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC (PRESIDING), BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC, APPAU JSC

Judgement

AKOTO-BAMFO (MRS), JSC

The appellants herein filed a Notice of Appeal against the decision of the Court of Appeal which set aside the decision and orders of the High Court dated the 18th of June 2015.

They formulated their sole Ground of Appeal thus:

“The learned Justices of Appeal erred in holding that the family of Rudolf Mensah (deceased) have no interest in his estate.”

A brief background of the events leading to these proceedings is necessary for an appreciation of the issues raised.

Rudolf Mensah (deceased) was an Ewe who hailed from Vakpo in the Volta Region. He died intestate survived by a wife, a daughter and members of his extended family.

The wife applied for and was granted Letters of Administration and then proceeded to distribute the estate as the sole administratrix. Taking the view that they had been left out of the administration without any basis, the Head of Family and the successor commenced an action before the High Court for a declaration that the family was entitled t…

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