[1973]DLHC2342 • December 19, 1973 • High Court
ABADOO vs. AWOTWI
The plaintiff, widow of the late Jacob William Armah, claimed entitlement to an uncompleted two-storey building, a share of rents from an outhouse, and monies in bank and post office savings accounts, based on a samansiw native will made by her late husband shortly before his death. The defendant, the late Armah's sister, denied the validity of the dispositions and challenged the plaintiff's claims. The dispute arose over the authenticity and terms of the alleged oral will dictated by the deceased while hospitalized before his death.
read moreBy her writ of summons issued out of this court on 15 February 1972, the plaintiff claims against the defendant as follows: “A declaration that the plaintiff is entitled to: (1) An uncompleted two storey building situate at Jukwa Road, adjacent to House No. E.49/4, Jukwa Road, Cape Coast. (2) A share in the rents collected from the outhouse of House No. E.49/4 Jukwa Road formerly occupied by the plaintiff and her husband J. W. Armah after deduction of rates and taxes. (3) All moneys in the savings bank accounts at the Standard Bank of West Africa Limited, belonging to the late J. W. Armah. (4) An equal share with the defendant in the post office savings accounts after deduction of N¢200.00 for other beneficiaries. Such dispositions having been made to the plaintiff by the late Jacob William Armah by samansiw native will.” In her supporting statement of claim filed some time later, the plaintiff pleaded that before the death of her husband, the late Armah, the latter ca...