CELIA AMOAKO TUFFOUR vs DR. EMMANUEL OSEI TUFFOUR & ANOR.
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.
Areas of Law
- Civil Procedure
- Family Law
- Probate and Succession
- Equity and Trusts
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, the surviving spouse of Dr. Kwame Amoako Tuffour brought a comprehensive action challenging dispositions in the testator’s will and seeking declarations of her matrimonial and equitable interests, revocation of probate, de-vesting of assets from the Kwame Amoako Tuffour Foundation, and an accounting. Pending trial, she moved for an interlocutory maintenance order requesting monthly payments, coverage of household and medical expenses, annual flights including to the United States, immediate payment of outstanding bills, and provision of a 4x4 vehicle. The defendants—executors and trustees—opposed, asserting they are constrained by the will and that a lifetime trust already provides monthly support increased to Ghc 5,000. Emphasizing Order 1 rule 2 of CI 47 and the need to avoid delay and multiplicity, the judge criticized the proliferation of applications and the plaintiff’s failure to advance the case to trial. Concluding the motion lacked merit, the court refused the interlocutory maintenance and directed that the matter proceed expeditiously on its merits.
The plaintiff sued out of the Registry of this Court a Writ of Summons and Statement of claim seeking the following reliefs; a. A declaration that all of the properties, accounts, assets, vehicles and other valuables(altogether “ matrimonial property”) disposed of in the Will of the late Dr. Kwame Amoako Tuffour are matrimonial property and not the exclusive or self-acquired property of the Testator.
b. A declaration that the Testator had no power to bequeath jointly-owned matrimonial property to any entity or person without the consent of the plaintiff spouse OR alternatively, a declaration that the Testator only had power to bequeath only his equitable share or interest of the matrimonial property to his legatees and any disposition beyond the interest of the Testator constitutes a lapse or failure of the disposition to that degree.
c. A declaration that the plaintiff is herself entitled to an equitable share of the matrimonial property d. An order that an equitable share of the matrimonial property be settled in favour of the plaintiff e. A further order and declaration that H/No. 77, African Liberation Link, AU Village, Cantonments-Accra and No. 49 Residency Drive, Akowuasan, Nhyiaeso-Kumasi are the matrimonial homes of the Plaintiff and Amoako Tuffour Foundation.
f. An order for the de-vesting of the plaintiff’s total equitable share of the matrimonial property from the Kwame Amoako Tuffour Foundation g. A declaration that the plaintiff is entitled to reasonable provision from the remaining portion of the matrimonial property that belonged to the Testator at the time of his death constituting the estate of the testator.
h. An order from the court granting plaintiff reasonable provision from the remaining portion of the matrimonial property that belonged to the testator at the time of his death.
i. An order for the revocation of the probate granted to the 1st defendant as executor of the last Will and Testament of late Dr. Kwame Amoako Tuffour.
j. An order for the grant of probate to the plaintiff, as the surviving spouse of the testator and trustee of the Kwame Amoako Foundation.
k. An order directed at the defendants to render complete account to the plaintiff within three (3) months of the date of judgment, being particulars of all receivables, earnings, rent, payments, howsoever described, currently taken over by defendant at being within the estate of the testator, including bank account in the name of the testator accessed by the defendant