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YAW TAWIAH V. OPANIN KWADWO BAAH & ORS.

(2001) JELR 68279 (SC)

Supreme Court  •  CIVIL APPEAL NO. 6/2000  •  12 Dec 2001  •  Ghana

Coram
MRS BAMFORD-ADDO J.S.C. (PRESIDING,AMPIAH J.S.C,KPEGAH J.S.C.,LAMPTEY J.S.C,ADZOE J.S.C.

Judgement

JUDGMENT

T.K. ADZOE, J.S.C.

Isaac Ottie alias Agya Atta died on 10th August, 1982. He hailed from Kenkase, Kwabre No. 3 in Ashanti. He left behind a Will dated 26th January, 1982. In the Will he devised houses and farms to his wife, children and other persons. Among the devisees was one Kwadwo Kwako, the appellant herein. The testator in clause 7 of will devised six rooms in House No. 54 Block 12 to the appellant. Then in clause 13 of the will the testator declared that:

"Kwadwo Kwako is to inherit me on my death and all the properties which I have not devised must go to him"

The Plaintiff/Respondent hereinafter referred to simply as the respondent did not receive any gift under the will. On 7th February, 1991 the respondent describing himself as "one of the principal members of the Bretuo Family or clan of Kenkase-Ashanti and a beneficiary under the late Isaac Ottie's said Will and who claims to be interested in the Residuary Estate of the said Isaac Ottie" (deceased) took out an origina…

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