ANNIE BANNERMAN-HYDE & ORS VS ADUM ATTAH KANKAM & ORS.
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP EUDORA CHRISTINA DADSON (MRS.)
Areas of Law
- Probate and Succession
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought several reliefs related to the estate of her late husband, including joint ownership of property and an order for the Defendants to account for rents collected. The Defendants moved to set aside the court's order for accounts. The court dismissed the motion, holding that its order was within jurisdiction and supported by procedural rules.
[1] Introduction The Plaintiff/Respondent issued a Writ of Summons with accompanying Statement of Claim on 11th May, 2020 for the following reliefs: I. The 1st Plaintiff claims against the Defendants jointly and severally for: i. A declaration that she is a joint owner of the two storey residential property known as House Number 20 (otherwise as H/No. ANT/B/50)situate at Mile 7, New Achimota, Accra in which she resided with her late husband Francis Kankam (deceased) until his untimely death she having substantially contributed towards its construction and completion during the lifetime of her late husband Francis Kankam who died intestate on 1st July, 2011. II.
The Plaintiffs’ claim against the 1st and 2nd Defendants jointly and severally is for: i. A declaration that the Plaintiffs are surviving spouse and children of Francis Kankam (deceased) are entitled to a share of the deceased’s fifty percent (50%) interest in the said joint property which was devolved on the Plaintiffs and deceased’s 11 other children including the 1st Defendant under section 4(a) of the intestate Succession Law, 1985(PNDC 111). ii.
An order that the 1st and 2nd Defendants do account for all rents collected in respect of the One (1) chamber and hall on the ground, the four (4)bedrooms with ensuite bathrooms and toilet on the ground floor, the chamber and hall at the back of the house and the one bedroom self-contained in front of the house in dispute from 2012 to date of judgment.
Interests on any sums found due to the Plaintiffs after the accounts are taken.
An order that the 1st and 2nd Defendants do pay over to the Plaintiffs, the Plaintiffs’ share of the rents collected from 2012 to date.
v. A declaration that the Plaintiffs as surviving spouse and children of the said deceased are entitled to their portion of the insurance money paid to the 1st and 2nd Defendants in respect of the accident claim of GH¢8, 000. 00 from Enterprise Insurance Company Limited.
Perpetual injunction to restrain the 1st and 2nd Defendants by themselves, their privies and assigns from intermeddling in the estate of the deceased and/or collecting rents from the tenants of the said property.
An order that Letters of Administration be taken by the 1st Plaintiff and the 1st Defendants to administer the deceased’s estate including his fifty percent (50%) interest in the matrimonial home for the benefit of all beneficiaries of the deceased’s estate.
The 1st Plaintiff claims against the 3rd Defendant