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YOUHANA v. ABBOUD

December 14, 1972

HIGH COURT

GHANA

CORAM

  • ABBAN J

Areas of Law

  • Probate and Succession
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

An action in Ghana concerns succession and administration of properties owned by two Lebanese-born brothers, Mousa Miled Abboud and Gabriel Abboud, who died intestate. Their mother asserts she is the heiress, successor and head of family and seeks judicial declarations recognizing her entitlement to letters of administration and to succeed to their immovable properties in Ghana. She also asks the court to revoke letters of administration previously granted to Gabriel’s son (the defendant) in 1967 and 1968, and to order an accounting of all properties under his control. The brothers, with Farhart Farhart, co-owned property under “Gabriel Abboud & Co. (Properties)” and were shareholders in Gabriel Abboud Trading Co., Ltd. After Mousa’s death in 1957 and Gabriel’s in 1967, letters were granted respectively to Gabriel and to the defendant, who later obtained letters de bonis non for Mousa’s unadministered estate. The plaintiff, aged over eighty and resident in Lebanon, did not appear; the action was prosecuted by her daughter, Mrs. Souad Solomon. The parties agree the co-ownership held at least thirteen landed properties and that Mousa had a share.

JUDGMENT