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JOSEPH EMMANUEL ANTWI & ANOTHER v. AKUA ATAA & ANOTHER

2018

COURT OF APPEAL

GHANA

CORAM

  • ADUAMA OSEI, JA (PRESIDING)
  • DZAMEFE, JA
  • M. WELBOURNE, JA

Areas of Law

  • Probate and Succession
  • Civil Procedure

AI Generated Summary

The case involved a dispute over property claimed to have been gifted inter vivos by Nana Enoch Ntiamoah Mensah to Joseph Emmanuel Antwi. After the uncle's death, his widow and son included these properties in the inventory for the Letters of Administration, disputing the plaintiff's claims. The trial court dismissed the plaintiff's case based on Section 67 of the Administration of Estates Act 1961. Upon appeal, it was held that the trial judge misinterpreted this section, and the plaintiffs action did not seek to act as an administrator. Thus, the appellate court set aside the trial court's decision, granting the interim injunction and ordering a new trial.

JUDGMENT