DR. J. B. WINFUL & ORS v. JOHN BREFO
2013
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A. (PRESIDING)
- AYEBI, J.A.
- TORKORNOO (MRS.), J.A
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
- Family Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs sought declaratory reliefs regarding the estate of the late Doris Ofori, disputing the ownership of certain properties and the marital status of the defendant who claimed to be her husband. The High Court dismissed their claims, finding inconsistencies in their pleadings and evidence. The trial judge also upheld the validity of the customary marriage between the defendant and the deceased. On appeal, the appellate court affirmed the High Court's judgment, emphasizing that pleadings must be consistent and customary marriage does not require a certificate to be valid.
AYEBI J.A.
This is an appeal against the judgment of an Accra High Court dated 10th day of November, 2010. The suit from which the appeal emanated was filed in the High Court on 13th August 2008. The subject-matter of the suit as appears from the judgment concerned the extent of the estate and the right to administer the estate of the late Doris Ofori. She died intestate on 7th July 2004.
It is proper to refer to parties in the appeal as plaintiffs and defendant respectively as in the trial court and I do so. The first plaintiff is the uncle of the deceased while the 2nd plaintiff is described as the ailing mother. The 3rd and 4th plaintiffs are siblings of the full blood of the deceased. The defendant described himself as the husband of the deceased but the plaintiffs regarded him as a concubine of the deceased.
The action was initiated by a writ of summons which as a rule must contain a concise statement of the nature of the claim or relief or remedy sought in the action. The plaintiffs therefore endorsed the writ with principally declaratory reliefs against the defendant. Accompanying the writ is a statement of claim. By the rules of pleading, the statement of claim must contain only statements in a summary form in numbered paragraphs of material facts only on which the plaintiffs rely for their claim. It is not allowed to plead or state the law in a statement of claim. Similarly, the evidence by which the facts alleged are to be proved are not included in the statement of claim. It is also important to plead or allege the facts in a chronological manner to make for easy understanding of the case of the party alleging it.
In the instant case, the trial judge in stating the facts, observed that attempts to obtain letters of administration to manage and control the vast estate of the deceased sparked off the suit. He identified that the central issue for determination, aside of the extent of the deceased’s estate is, whether or not defendant was married to the deceased and therefore a surviving spouse. The trial judge formulated the two central issues as far as he could deduce from the pleadings of the plaintiffs.
But defendant gave a background to the suit. It is that the 4th plaintiff and PW1 in this suit, Nana Kwasi Agyemang used his name as a surviving spouse of the deceased to apply for letters of administration. When defendant found this out, he got the letters of administration so obtained set aside on the ground of fraud. It would appear from