March 15, 2023
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court appeal arose from a longstanding intestate succession dispute within the Hammond family. After Samuel Armah Hammond died in 1972, his customary successor distributed three properties—Osu RE, Osu Nyaniba Estates, and Oyarifa—among his three wives and their children. The 1st Plaintiff, appointed administrator in 2001, adopted this distribution and issued vesting assents, later registering title to Nyaniba. Defendants, including a son from Larkai Adegyan’s line and a granddaughter occupant, resisted eviction and alleged fraud, claiming the Osu RE house was owned by sister Josephine. The High Court granted Plaintiffs’ reliefs; the Court of Appeal affirmed. On further appeal, the Supreme Court emphasized the constraints on second appellate intervention, found no error in the concurrent findings, inferred a trust over Osu RE given the father’s control, held the distribution fair and equitable, rejected the “failure to gather the estate” contention, and dismissed the appeal.
AMADU JSC
INTRODUCTION
(1)My Lords, this appeal invites us to consider and determine two principal issues relative to the law on the administration of the estate of a deceased intestate prior to the enactment of the Intestate Succession Act, 1985 (PNDCL 111). The first issue beggars answer to the question whether it is permissible for an administrator to adopt an earlier distribution made by another prior to his appointment as administrator ; and secondly, what amounts to fair and equitable distribution, for the purposes of the administration of the estate of a deceased? This latter issue is more germane, having regard to the absence or inadequacy of a legislative framework as provided under PNDCL 111.
BACKGROUND AND FACTS
(2)Samuel Armah Hammond died intestate sometime in 1972. In his lifetime, he was married to three wives -Madam Theresa Lamiley Lamifio; Madam Korkor Dinsey and Madam Larkai Adegyan. These wives bore him 12 children including the Plaintiffs, the 1st Defendant and the 2nd Defendant’s father (Lionel Adokwei Hammond). The Plaintiffs’ mother was Madam Theresa Lamiley Lamifo whiles 1st Defendant and Lionel’s mother is also, Madam Larkai Adegyan. 2nd Defendant is a nephew to Plaintiffs and 1st Defendant. His father, Lionel Adukwei Hammond is a maternal sibling to 1st Defendant and Plaintiffs.
(3)In his lifetime, Samuel Armah. Hammond acquired three properties situate at Osu RE, Osu Nyaniba Estates and Oyarifa. Following his death, his customary successor and the head of Family in accordance with custom, distributed the three properties among the three wives and their children. Thus, the Nyaniba House was given to Madam Theresa Lamiley Lamifio and all her children; the Osu RE House was settled on Madaam Korkor Dinsey and all her children while the Oyarifa house went to Madam Larkai Adegyan and all her children.
(4)The 1st Defendant protested the distribution as not being fair and equitable. He contended also that, the said distribution was made in the absence of Letters of Administration. The surviving children of the deceased agreed and elected the 1st Plaintiff to obtain Letters of Administration from the Court. On the 23rd of March 2001, the 1st Plaintiff was appointed as the administrator of the estate of the deceased, Samuel Armah Hammond. Upon appointment, the 1st Plaintiff adopted the distribution earlier made by the Head of Family. He proceeded to execute a Vesting Assent in favour of each group including himself and his other sibl