[1976]DLHC364March 30, 1976High Court

AYENIM vs. POKU

JUDGMENT OF QUASHIE-SAM J. This is an appeal by the defendant from the judgment of the District Court Grade II, Tarkwa, dated 3 February 1975. The facts are quite simple and mostly not in dispute. The plaintiff is the daughter of the late Kwasi Dormang of Huni Valley. He died possessed of a farm and a house. This was conceded by the defendant. It was the case of the plaintiff that her father died testate, demising in his will: (1) his farm, and (2) his two bedrooms which he occupied during his lifetime, to her and her two brothers, namely, Yaw Nkrumah and Kwame Bedu; that her father died in 1972; that on the 40th day after her father’s death she and her brother produced the will to the family but the family headed by the defendant refused to accept it; that the defendant had driven her and her labourers away from the farm given to her and her brothers under the will. She tendered the alleged will as exhibit A and closed her case thereby. The defendant’s case was nothing ...