WILLIAM ARTHUR vs. MRS. ELIZABETH DE-HEER AMISSAH AND DR. ERIC SAM ARTHUR

MARFUL-SAU, JA: - The fundamental issue raised in this appeal relates to the nature, scope and effect of entitlement of children under the provisions of the Intestate Succession Law (PNDCL 111) of 1985. The parties in this appeal are all children of the late Ebenezer Mensah Arthur who died intestate in 1993. The plaintiffs/respondents are from the same biological mother and the defendant/appellant is from a different mother. The subject matter of this dispute is the distribution of House No. E148/3A, Anachin Street Cape Coast. The plaintiffs/ respondents issued a writ at the High Court, Cape Coast on the 15- 3- 96, for the following reliefs:- ‘’1.A declaration that only the children of Mr. and Mrs. Ebenezer Mensah Arthur (deceased) who lived with their parents in the matrimonial home, House No. E 148/3A, Anachin Street, Cape Coast, while they were alive are entitled on the death of their parents to live in the said House No. E148/3A, Anachin Street,Cape Coast. 2. Return of Au...