2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision arises from family litigation over the estate of Samuel Kwabena Obeng, who died intestate in 2006. His widow, a co-administrator, sued the customary successor, another surviving spouse and her daughter, and the deceased’s brother, contesting their exclusion of the Bogoso filling station from the estate inventory. The High Court declared the filling station to be the deceased’s self-acquired property, granted the defendants’ counterclaims, and awarded costs against the widow. On appeal, the defendants argued the filling station was family property and that the 1994 lease was fraudulent; the widow cross-appealed that the stores were not part of the estate and that costs were unjustified. The Court of Appeal, relying on documentary evidence (lease, sublease to ELF, site plan, registration) and consistent testimony, dismissed both the appeal and most of the cross-appeal. It held the filling station and associated stores formed part of the estate, rejected the fraud allegation for lack of proof beyond reasonable doubt, found no procedural error in admitting late documents, and set aside the GH⊄3,000 cost award.
DOMAKYAAREH (MRS), J. A.
1. This is an appeal and a cross-appeal against the Judgment of the High Court, Sekondi, dated 11th December 2014.
The litigation arose out of certain aspects of the Estate of one Samuel Kwabena Obeng who died intestate on 17th September 2006 at Bogoso.
The parties are family members.
2. The Plaintiff/Respondent/Appellant is a widow and Co-Administrator of the Estate of the said Late Samuel K. Obeng.
The 1st Defendant/Appellant/Respondent is the Customary Successor and one of the Co- Administrators of the Estate of the said Samuel K. Obeng, deceased.
The 2nd Defendant/Appellant/Respondent is also a surviving spouse of the Late Samuel K. Obeng and the mother of 3rd Defendant/Appellant/Respondent who is also a daughter of the Late Samuel K. Obeng. The 2nd and 3rd Defendants/Appellants/Respondents are also Co-Administrators of the Estate of the Late Samuel K Obeng; while the 4th Defendant/Appellant/Respondent is a brother to the Late Samuel K Obeng and a member of his family.
In essence, one widow who is a Co-Administrator instituted the action against the three other Co- Administrators of the Estate of her late husband and a brother of the deceased.
THE FACTS:
3. The Plaintiff/Respondent/Appellant filed the Writ on 24th July 2012 and as per her Amended Statement of Claim, she averred that a certain fuel station at Bogoso was personally acquired by her late husband but the Defendants/Appellants/Respondents, in applying for Letters of Administration in respect of her deceased husband’s Estate excluded it from the Inventory on the ground that it is their family property.
She therefore instituted the action, claiming the following Reliefs jointly and severally from the Defendants/Appellants/Respondents, namely:
1. A Declaration that the property known, called and described as Filling Station Land, formerly housing ELF BOGOSO FILLING STATION but now housing TOTAL BOGOSO FILLING STATION, situate at Bogoso in the Western Region of Ghana is the self-acquired property of SAMUEL K. OBENG (deceased).
2. An Order that the same or the proceeds therefrom be distributed in accordance with PNDC Law 111 of 1985
3. Any further orders
4. Cost
4. In instituting the action, the Plaintiff/Respondent/Appellant apparently took the advice from the Ruling of the High Court Tarkwa on 21st October 2010 found at pages 381 to 382 of the Record of Appeal (ROA) in respect of aspects of the Estate of the Late Samuel K. Obeng that were before t