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FIDAWS M.O. MORO & ANOR VS EMELIA AYEBIO & ORS

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP EUDORA CHRISTINA DADSON

Areas of Law

  • Probate and Succession
  • Evidence Law
  • Civil Procedure
  • Property and Real Estate Law
  • Family Law

AI Generated Summary

This High Court case arises from the administration of the estate of the late Alhaji Umar Mohammed (also known as Alhaji Moro). The First Plaintiff is his daughter with the Second Plaintiff, Madam Naa Kwaley, who asserts she was customarily married to the deceased in 1996. The First Defendant, Emelia Ayebio (a younger wife), and the Second Defendant, Yasmin Moro (eldest child), were appointed administrators with the deceased’s customary successor in 2015. Plaintiffs sought recognition of the Second Plaintiff as a surviving spouse and co‑administratrix, an account of administration, and declarations that properties and bank accounts form part of the estate; they also challenged Defendants’ claim that House No. AC25, Codco Creek Street, East Legon was a lifetime gift to Emelia, Yasmin, and Ginell Moro. After extensive testimonial evidence and cross‑examination, the court held that the Second Plaintiff’s customary marriage was valid; the alleged gift was not proven and the unstamped deed inadmissible; multiple properties and accounts belong to the estate; and Defendants must render audited accounts, gather in the estate, distribute per PNDCL 111, and pay Plaintiffs their lawful shares, with costs awarded.

JUDGMENT