AKOSUA DUFIE VRS.pdf - Judicial Training Institute

DOTSE, JSC:
FACTS
The Plaintiffs/Respondents/Respondents, hereinafter referred to as the Plaintiffs
instituted action against the Defendants/Appellants/Appellants, hereinafter
referred to as the Defendants in the High Court, Kumasi claiming reliefs in the
nature of Declarations in respect of three immovable properties as their family
properties, namely;
i. House No. Plot II Block 24 Amakom Kumasi
ii. Cocoa farm situate at Siiso on Kwapong Stool lands and
iii. Farmstead situate at Abompe and Kunso stool lands.
The Defendants did not counterclaim before the trial court.
FACTS OF THE CASE
The Plaintiffs are the sister and brother of one Opanyin KWAKU POKU who died
intestate in Kumasi on the 21 st day of July 1996.
Following his death intestate, the Defendants herein, who are the widow and son
respectively of the said OPANYIN KWAKU POKU successfully applied for and
obtained Letters of Administration in respect of the estate of their deceased
husband and father.
Included in the inventory of the properties listed in the application for the grant
of the letters of Administration are the properties referred to supra. The Plaintiffs
contending that the said properties are family properties, initiated the suit
against the Defendants in the High Court Kumasi.
The Defendants denied the claims by the Plaintiffs and asserted that the
properties in dispute were the self acquired properties of the deceased Opanyin
Kwaku Poku.
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