ANNIE BANNERMAN-HYDE & ORS VS ADUM ATTAH KANKAM & ORS.
January 10, 2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP EUDORA CHRISTINA DADSON (MRS.)
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
January 10, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship Eudora Christina Dadson of the High Court in Accra ruled on a motion by the Defendants/Applicants to set aside a 19 May 2021 order directing accounts in an estate dispute regarding House No. 20, Mile 7, New Achimota. The first Plaintiff, surviving spouse of the late Francis Kankam (died intestate on 1 July 2011), and children claimed joint ownership, share in the deceased’s fifty percent interest under PNDC Law 111, accountability for rents collected since 2012, insurance proceeds, injunction, and letters of administration, and sought ejectment of the third Defendant. Applicants argued the accounts order was premature before determining the first Plaintiff’s rights. Plaintiffs countered that accounts relief was endorsed and the first Defendant admitted rent collection. Applying Mosi v Bagyina and related authorities, the Court held that Order 29 of C.I. 47 conferred jurisdiction to order accounts, found the orders not void, dismissed the motion, and awarded GH¢1,000 costs.
[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