2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a dispute over the estate of Benard Mensah Kufuor, who left behind substantial properties and two Wills (Ghana Will and London Will). Plaintiffs, his children, claimed that the later London Will revoked the Ghana Will. The trial court dismissed their suit, finding it disclosed no reasonable cause of action and was an abuse of the court’s process. Upon appeal, the Court of Appeal upheld the trial court's decision, declaring both Wills valid as they could coexist without conflicting. The court also confirmed that the Intestate Succession Act supersedes the earlier Marriage Ordinance, meaning the estate distribution must follow the new law. Claims to company assets by plaintiffs were denied based on corporate legal principles. Additionally, the case was deemed procedurally and substantively flawed due to the timing and nature of the plaintiffs' claims.
AYEBI, JA
1. This suit is in respect of the estate of Benard Mensah Kufuor who died on 23rd March 1976 in London.
The suit in the main challenges the authority of the defendants described as administrators of the estate and the administration as a whole.
The plaintiffs/appellants are all children of the Ordinance marriage of the deceased.
The mother of the 1st to 3rd plaintiffs/appellants (hereinafter called plaintiffs), Mrs. Sarah Kufuor was divorced by the deceased. He later married Mrs. Justina Kufuor who was the mother of the 4th to 10th plaintiffs. All these children as well as the Mrs. Justina Kufuor survived the deceased.
2. The 1st defendant/respondent is a niece of the deceased but the 2nd and 3rd defendants/respondents are also children of the deceased.
They are sued as administrators/trustees of the estate of the late Benard Mensah Kufuor. The late Bernard must have been adored with considerable business acumen. This is because from the record, he died possessed of a vast estate and businesses he established both in Ghana and in the United Kingdom.
3. Prior to his death, the deceased on 9th May 1964 executed a Will in Ghana (Ghana Will). In exception of two properties situated in the United Kingdom, the Ghana Will covered in the main his Ghanaian properties at the time of the execution.
But barely five months later, that is on 16th October 1964, the deceased made another Will in London, England (London Will). In the London Will the deceased expressly revoked all former Wills and Codicils made by him and declared it to be his last Will and Testament.
However, he included the two United Kingdom properties in the Ghana Will in the London Will which covered all his properties situated outside Ghana.
4. On the death of Benard Mensah Kufuor, three out of the four executors he named in the Ghana Will applied for and were granted probate on 21st February, 1977.
But the executors the deceased named in the London Will renounced probate.
So the 1st and 3rd defendants/respondents (hereinafter called defendants) were upon their application granted letters of administration with Will annexed on 12th March 1980 by the Family Division of the High Court, England.
The deceased also died possessed of other properties intestate in Ghana.
Pursuant to a compromise reached, the deceased’s customary successor representing the family, the 3rd defendant herein representing the children of Mrs.
Sarah Kufuor and the 4th plaintiff herein representing the