FULGENCIO RODRIGUES & ORS VS KOFI HORATIO & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP EUDORA CHRISTINA DADSON, J.
Areas of Law
- Probate and Succession
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around disputes related to the administration and distribution of the estate of Leonard Rodrigues, who died intestate in 1983. The Plaintiffs, as administrators, challenged a 1992 distribution of the estate, while the Defendants contested the Plaintiffs' administrative actions and sought revocation of their Letters of Administration. The court affirmed that Rodrigues died intestate, upheld the validity of the 1992 distribution, and found the Plaintiffs in breach of their duties. Consequently, the Plaintiffs' Letters of Administration were revoked.
[1] Introduction
The issues raised by this case is centered on issues relating to the matters unfolding after the death of a patriarch the late Leonard Rodrigues in the year 1983. This brings to mind the words of Thomas Paine, when he stated as follows in 1796: “Nothing they say, is more certain than death, nothing more uncertain than the dying1. ”The Plaintiffs issued a Writ of Summons with an accompanying Statement of Claim on 29th October 2021 for the following reliefs: “The Plaintiff’s claim is for:
a. A declaration that the purported distribution of the estate in 1992 is null and void as it was done without the grant of Letters of Administration.
b. A declaration that any purported sale of any portion of the property known as H/No. C47/11 by the Defendants without obtaining Letters of Administration is null and void.
c. That the Defendants render accounts for the rents collected on the property from 1992 till date.
d. Recovery of possession of the property known as H/No. C47/11 Nima, Accra, which forms part of the estate.
e. Perpetual injunction restraining the Defendants from dealing with the property until the estate can be distributed accordingly. ”1 Quotable Founding Fathers edited by B. F. Melton, page 63 The 2nd Defendant entered appearance personally on 29th December 2021. The 2nd Defendant filed her Statement of Defence on 11th May 2022 and counterclaimed as follows: a. “An Order revoking the Letters of Administration issued on 31st July 2017 to the Plaintiffs.
b. An Order of account for their stewardship as administrators since being appointed by this Honourable Court.
c. An Order of the court ordering distribution of the estate of the late Leonard Rodrigues in accordance with the applicable laws of Ghana.
d. Any other Orders as the court think fit.
e. Costs including Lawyer’s fees. ”[2] The antecedent contention which necessitated the disputations before this Court can be gleaned from the respective pleadings of the parties as follows: [2. 1] The Plaintiffs The Plaintiffs by Writ of Summons and Statement of Claim filed on 29th October 2021 averred that they are administrators and beneficiaries of the Estate of the late Leonard Rodrigues.
The Defendants are children of the deceased and beneficiaries of the estate.
The late Leonard Rodrigues died intestate in 1983 survived by 17 children and a wife.
The Plaintiffs aver that sometime in 1992 there was a purported distribution of the deceased estate without the grant of Letter