GH - ELIZABETH CRANKSON VS MARTHA AKORKOR BIBAH

[1] Introduction The Plaintiff/Respondent issued a Writ of Summons with an accompanying Statement of Claim on 21st June 2023 for the following reliefs: a. “A declaration that the Will and Testament dated 7th day of July, 2016 is valid.

b. An order to admit the said Will and Testament to probate.

c. A declaration that the Defendant Martha Akorkor Bibah is not the legally married wife of the deceased.

d. A further declaration that, in view of the fact that the Defendant is not the legally married wife of the Late Opanyin Mackwaw, then the Defendant has no right, interest and/or lacks the capacity to request executors to prove the Will in solemn form.

e. Costs f. Any further reliefs this Court shall deem meet. ”The Defendant entered appearance on 24th July 2023 and filed her Statement of Defence on 3rd October 2023. Application for Directions was filed on 10th November 2023, pre-trial orders were made and adjourned for Case Management Conference on 19th January 2024. [2] Motion on Notice This is a motion on notice by the Defendant/Applicant on 6th December 2023 praying for an order for the preservation of the property of the deceased to wit: That all rents due to the estate of the deceased to be paid to the customary successor of the deceased in terms of S1 (2) and S 2 of the Administration of Estates Act and Order 66 rule 2 of CI 47. One Solomon Ebo Ansah deposed to a 9-paragraph affidavit in support and relied on Exhibits S. E. A 1 -13 series.

The Deponent states that he was the head of family of the late Opanyin Abraham Mackwaw and the Defendant is the widow of the deceased.

The Deponent deposed that it had come to his attention that the tenants occupying the deceased House No. 15 Market Street Haatso, Accra have not paid their rents since the death of the deceased.

The names of the tenants have been provided in paragraph 8 of the affidavit in support thirteen (13) in number.

The Deponent states as follows: “That I am advised and verily believe that until this Honourable Court determines who the executor or administrator of the deceased estate is the estate devolves upon the customary successor by operation of law.

That the customary successor of the deceased is his younger brother Quincy Ampah.

That I pray the this Honourable Court Orders that the tenants in the deceased house pay their outstanding rent to the said Quincy Ampah. ”The Deponent contends that this is to preserve the estate pending the appointment of an executor or administrator

b. An order to admit the said Will and Testament to probate.

c. A declaration that the Defendant Martha Akorkor Bibah is not the legally married wife of the deceased.

The Deponent states that he was the head of family of the late Opanyin Abraham Mackwaw and the Defendant is the widow of the deceased.

The Deponent deposed that it had come to his attention that the tenants occupying the deceased House No. 15 Market Street Haatso, Accra have not paid their rents since the death of the deceased.

The names of the tenants have been provided in paragraph 8 of the affidavit in support thirteen (13) in number.

That the customary successor of the deceased is his younger brother Quincy Ampah.

ELIZABETH CRANKSON VS MARTHA AKORKOR BIBAH

Areas of Law

RULING