[2023]DLCA17527October 26, 2023Court of Appeal

AWUDU BAWA, HAJIA AZUMI BAWA AND ZULAE UMAR vs. OPAMANGO COMPANY LTD, ALHAJI SANNI BAWA & 2 ORS

JUDGMENT KWAMINA BAIDEN JA. This is an appeal against the judgment of the High Court, Kumasi dated 9th December, 2021. In this judgment, the Plaintiffs/Appellants shall be referred to as the “Appellants” whilst the 1st Defendant/Respondent shall be referred to as the “Respondent”. 1st, 2nd Appellants, 2nd, 3rd and 4th Defendants are children of the late Bawa Kano. The 3rd Appellant is their niece. The 1st Respondent is a limited liability company. This is one of the unfortunate cases in which siblings could not resolve their differences regarding what to do with their late father’s property bequeathed to them and as a result they have been in Court since 2019. The facts of the case are simple. The late Bawa Kano died interstate leaving a storey building which consisted of residential rooms and stores. The children of the late Bawa Kano agreed and nominated the 2nd and 3rd Defendants to be the Administrators of the estate. The said Defendants took letters of administratio...