[2016]DLCA8559November 24, 2016Court of Appeal

ERIC TEI AKWETEY SIAW, DR. DANIEL NARH SIAW AND EMMANUEL THOMAS SEKOU vs. TETTEH SIAW SAPPORE AND NARTEH SIAW SAPPORE

GYAESAYOR, JA The parties in this appeal are close relatives belonging to the Siaw Sappore family of Ada. As a matter of fact the defendants are true nephews of the first two plaintiffs/respondents who are brothers to their deceased father. In the case of the 3rd plaintiff, he is the son of a sister of the plaintiffs and a sister to the deceased father of the defendants. The facts leading to this appeal which have defied any attempt of an out of court settlement arose as a result of the death of Baby Angelina Mamle Siaw- Sappore a sister to the plaintiffs and aunt to the defendants. Upon her death intestate, the defendant applied for and obtained Letters of Administration in respect of her estate alleging that they were her nephews and had been elected at a family meeting to apply for the said letters. The plaintiff on hearing this did not take kindly to this since they also claimed that under Ada customary law, because the said sister of theirs, died without a husband, children ...