ADADE v. DADE AND ANOTHER

On appeal from the High Court in Kumasi, Ampiah JA addressed whether Ghana’s Intestate Succession Law, 1985 (PNDCL 111) applied to the estate of Anthony Kwabena Kusi, who died intestate on 29 April 1984. Kusi’s widow and his siblings had been granted joint letters of administration, but the widow sought a declaration that the Nhyiaso house was hers and her children’s and, alternatively, that PNDCL 111 vested the property in them. The trial judge dismissed the claim, holding the law was not retrospective. Interpreting section 21(1), Ampiah JA held PNDCL 111 is transitional, applying to claims pending at commencement. Because administration and distribution of Kusi’s estate were still pending on 14 June 1985, the law applied. Osei‑Hwere JA and Essiem JA agreed. The Court of Appeal allowed the appeal and entered judgment for the plaintiff.