[2017]DLCA4426March 16, 2017Court of Appeal

ADWOA SERWAA vs. DANIEL FELIX ANTWI AND OSEI BOATENG

DOMAKYAAREH (MRS) J A 1. This is an appeal from the judgment of the High Court, Kumasi, delivered on the 21st day of July 2014. The defendant/appellant (hereinafter called appellant) in this suit was the first wife of late Sampson Kwame Dabo, who died intestate on 3rd July 2003. He was a member of the family of the two plaintiffs/respondents (hereinafter called respondents). The 1st respondent sued as the Head of their family. The 2nd respondent is the customary successor of the late Sampson Kwame Dabo. In the course of the litigation, the 1st respondent died and has not been substituted. The dispute was about title to, and possession of House Number Plot 8 Block “F” Abrepo, Kumasi, containing two Flats. THE RESPONDENTS’ CASE AT THE TRIAL COURT: 2. In their Statement of Claim, the respondents’ then plaintiffs averred that late Sampson Kwame Dabo inherited the SSNIT benefits from one of his deceased brothers, Charles Brobbey and commenced a transport business with it. Char...