[2015]DLCA8298May 27, 2015Court of Appeal

HANNA KWARTENG SUBSTITUTED BY KWADWO OPPONG vs. ADWOA TIWAA ADWOA FOSUAAH

AYEBI, J.A: 1. This appeal emanated from the judgment of the High Court, Kumasi dated 25th October, 2013. The subject-matter of the dispute between the parties is H/No. OTB 141, Adum-Kumas. 2. The two defendants herein are uterine sisters. Their brother of the same womb was Frank Oppong Bediako @ Kwaku Forkuo, since deceased. This Kwaku Forkuo was the husband of the original plaintiff, Hanna Kwarteng. The uncle of three siblings that is the two defendants and Kwaku Forkuo was Opanin Kwadwo Oppong. 3. According to Exhibit B, the deed of assignment executed in 1972 in the name of Kwaku Forkuo, although it was actually acquired by Opanin Kwadwo Oppong, the property remained so in the name of Kwaku Forkuo until his death in 2000. His uncle Opanin Kwadwo Oppon died in 1985 testate but he never mentioned this property in his last will and testament. In the will, he made his sister Akua Amoah mother of defendants and Forkuo the residuary legatee. Akua Amoah also died in 1996 testa...