BEATRICE ZIGA v. JOHN KWAKU ZIGAH
2016
HIGH COURT
GHANA
CORAM
- PATRICK BAAYEV
Areas of Law
- Family Law
- Probate and Succession
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Beatrice Zigah sought Letters of Administration for her deceased husband's estate, which was contested by John Kwaku Zigah on the grounds of an alleged invalid marriage. The court examined evidence from both parties, ultimately finding that a valid customary marriage existed between Beatrice and Simon Zigah. Consequently, Beatrice and John Kwaku Zigah were granted joint Letters of Administration, with Beatrice and her children entitled to the majority of the estate under the Interstate Succession Law. The court also invalidated Letters of Administration previously obtained by John Kwaku Zigah from the Sunyani District Court due to jurisdictional issues.
JUDGMENT
The applicant, Beatrice Zigah filed this motion Ex-parte for the grant of Letters of Administration in respect of the estate of Simon Zigah. In the supporting affidavit the applicant deposed that she is the widow of Simon Zigah who died on 28/06/2011 at Korlebu Teaching Hospital and was buried at Dzodze on 2/7/2011. She also deposed that at the time of his death the late Simon Zigah was survived by a widow (applicant) and two children, Ruth Zigah 15 years old and Zigah Da Akpe, 12 years old. She also stated that the family of Simon Zigah accused her of killing her husband for which reason had refused to co-operate with her to obtain the letters of administration.
On 6th June, 2015 I granted the Letters of Administration to the applicant subject to 21 days' notice to be posted on the High Court notice board, Ho, the deceased family house at Dzodze and on John Kwaku Zigah who was said to be residing at Sunyani (the caveator herein).
On 30th June, 2015, John Kwaku Zigah entered a caveat and also filed an affidavit of interest. The applicant also filed an affidavit in opposition. After a careful study of the caveator's affidavit of interest and the applicant's affidavit in opposition, it became clear that he only ground for the caveat is that the applicant was not the deceased's wife in that they were not legally married hence the letters of administration ought not be granted her. In view of this I ordered that evidence be taken to proof whether or not the applicant was married to the late Simon Zigah during his life time.
The applicant gave evidence by herself and called two witnesses. These are Mrs. Josephine Garnet (Pwl) and Victor Ganusah (Pw2).
On his part the caveator appointed Rev. David Adegbedzi as his attorney and he gave evidence on behalf of the caveator and also called one witness (Dwl) Emmanuel Kofi Amanyo.
The applicant testified that she and the late Simon Zigah got married at Mr. Ganusah's house on 16th October 1999 in Ho and have two issues between; Ruth Zigah who is 15 years old and Da Akpa Zigah 12 years old. She said the late Simon Zigah was a teacher and was initially stationed at Ho Batume junction but later got transferred to Asankragwa Nkwantaman in the Western Region. Applicant said he did not follow the deceased to his new station but one day he called to tell her that he was ill and because of the illness he had moved to live with his brother at Sunyani. That one day he called to tell her that he was getting better a