HAJIA FATI UMORO vs HAJIA AMINA UMORO
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Probate and Succession
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff accused the Defendant of fraud in obtaining letters of administration for the estate of the late Umoro Mohammed. The court found the Plaintiff could not prove these allegations. It was held that the Defendant was the lawful surviving widow who obtained the letters validly. The court determined the estate had not been distributed per Mohammedan law and mandated distribution under PNDCL 111, appointing the Registrar to manage the process. The Plaintiff was ordered to account for all rents collected from the estate's properties.
The Plaintiff commenced the instant action against the Defendant on 25th August, 2008 for the following reliefs: a. An order for the revocation of the letters of administration granted to the defendant on the 5th day of February, 2008 by the Circuit Court(Coram Her Honour Bartels (Mrs. ), the said letters of administration having been obtained by fraud.
b. Perpetual injunction restraining the defendant from dealing with the interstate estate of the late Umoro Mohammed.
The defendant entered appearance on 22nd September, 2008 and went on to file her statement of defence on 15th October, 2008 denying plaintiff’s claim.
The Plaintiff failed to file an application for directions so on 6th May, 2009 the defendant filed an application for directions raising the following issues: a. Whether or not defendant obtained letters of administration by fraud from the Circuit Court.
b. Whether or not defendant should be perpetually restrained from dealing with the estate of the late Umoro Mohammed.
c. Whether or not defendant was the only surviving widow of the late Umoro Mohammed.
d. Whether or not the estate of the said deceased is liable to be distributed in accordance with PNDCL 111 by the Registrar of the High Court.
e. Whether or not plaintiff and her attorney and agents are liable to account for their dealing with the estate of the deceased.
f. Any other issues arising out of the pleadings.
No additional issues were filed by the plaintiff so on 19th January, 2011 this court differently constituted set down all the issues in the application for directions for determination.
Pursuant to an order of this court dated 28th May 2014 the plaintiff filed an amended writ of summons and statement of claim claiming as follows: a. An order for the revocation of the letters administration granted to the defendant on the 5th day of February, 2008 by the Circuit Court(Coram Her Honour Bartels (Mrs. ). b. Perpetual Injunction restraining the defendant from dealing with the intestate estate of the late Umoro Mohammed.
c. A declaration that the estate of the late Umoro Mohammed has been distributed in accordance with Mohammedan law.
The Defendant then filed a statement of defence to the amended statement of claim on 10th June, 2014 denying plaintiff’s claim.
Plaintiff’s case is that she is the only surviving daughter of the late Umoro Mohammed who died intestate in Accra on the 10th day of January, 2005 and that at the time of his death he was not married.
The defendan