ABDUL RASHID MOHAMMED & 1 ORS v. HAJIA MENUNA SHADOW
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE, J.A. (PRESIDING)
- ACKAH YENSU (MISS), J.A.
- I. O. TANKO AMADU, J.A.
Areas of Law
- Probate and Succession
- Evidence Law
- Civil Procedure
- Family Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from the Accra High Court’s revocation of letters of administration granted to the late Mohammed Abubakari’s eldest son and an alleged brother, obtained without the participation of Abubakari’s widow. The plaintiff/respondent maintained she was the only surviving spouse, married to Abubakari under Islamic rites in 1994 and under the Marriage Ordinance in 2008; the first wife, Ramatu Shaibu, had divorced the deceased in Paris in 1998. The High Court found the 2nd defendant was not a brother, notices were not posted at the deceased’s last abode, and the widow—who had priority—was not joined, and it issued a perpetual injunction. On appeal, the Court of Appeal (per K. A. Acquaye, J.A., with Ackah Yensu, J.A., and I. O. Tanko Amadu, J.A., concurring) rejected the grounds on weight of evidence, natural justice, and misdirection on foreign decrees. It dismissed the appeal and ordered joint administration by the widow and the 1st defendant, with an additional family representative; it expressly revoked the 2nd defendant’s appointment.
ACQUAYE, J. A. This is the judgment in respect of an appeal filed on 27th February 2017 against the decision of a High Court in Accra delivered on 17th February 2017 which revoked the letters of administration granted to the defendants/appellants in respect of the estate of the late Mohammed Abubakari.
On 21st August 2013 the plaintiff/respondent issued a writ of summons in the High Court, Accra claiming against the defendants/appellants: - a) An order for revocation of the letters of Administration in respect of the estate of Mohammed Abubakari b) An order for defendants to return any moveable and immoveable assets of the estate they have dealt with c) Perpetual injunction restraining defendants from having anything to do with the estate of the deceased The plaintiff’s case was that she is the only surviving widow of Mohammed Abubakari by virtue of a traditional moslem marriage in 1994 and under the Marriage Ordinance Cap 127 in October 2008.
Mohammed Abubakari died intestate on 18th March 2013 after they had one issue, a minor called Baisha Mohammed.
The plaintiff stated that the 1st defendant is the eldest son of the late Mohammed Abubakari with his first divorced wife Ramatu Shaibu whilst the 2nd defendant is his brother.
According to the plaintiff on 23rd May 2013 the two defendants filed an application at the High Court for the grant to them of letters of administration to administer the estate of her deceased husband without her knowledge, in which application, they falsely stated that the deceased was survived by two widows when they knew that the first wife Ramatu Shaibu took the late Mohammed Abubakari to court in Paris for divorce which was granted on 19th March 1998.
The plaintiff complained that nor did the defendants add her as an applicant neither did they post any notices of the application for letters of administration on the last known place of abode of the deceased where the plaintiff also lived as required by law.
The plaintiff stated that she and her only daughter with the deceased have the largest interest in the estate and as such have the first priority in the application for letters of administration.
The plaintiff testified that the 1st defendant is at odds with her and with his mother regularly came to her matrimonial home to insult her and her husband so he cannot be expected to faithfully administer the estate of the deceased hence her claims.
The defendants denied the claims of the plaintiff and the 1st defendant conte