HANNA KWARTENG v. ADWOA TIWAA & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING) JA
- Irene C. Larbi, (Mrs.) JA
- I. O. TANKO AMADU, JA
Areas of Law
- Customary Law
- Matrilineal System of Inheritance
- Equity and Trusts
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal challenges a High Court decision that dismissed the plaintiff's claim to H/No. OTB 141, Adum-Kumasi, based on the principle of resulting trust. The appellate judges found that the trial judge failed to consider the matrilineal system of inheritance under customary law, which would have supported the plaintiff's case. The appellate court allowed the appeal, granting most of the reliefs sought by the plaintiff.
JUDGMENT
AYEBI, J.A:
1. This appeal emanated from the judgment of the High Court, Kumasi dated 25th October, 2013. The subject-matter of the dispute between the parties is H/No. OTB 141, Adum-Kumas.
2. The two defendants herein are uterine sisters. Their brother of the same womb was Frank Oppong Bediako @ Kwaku Forkuo, since deceased. This Kwaku Forkuo was the husband of the original plaintiff, Hanna Kwarteng. The uncle of three siblings that is the two defendants and Kwaku Forkuo was Opanin Kwadwo Oppong.
3. According to Exhibit B, the deed of assignment executed in 1972 in the name of Kwaku Forkuo, although it was actually acquired by Opanin Kwadwo Oppong, the property remained so in the name of Kwaku Forkuo until his death in 2000. His uncle Opanin Kwadwo Oppon died in 1985 testate but he never mentioned this property in his last will and testament. In the will, he made his sister Akua Amoah mother of defendants and Forkuo the residuary legatee. Akua Amoah also died in 1996 testate but she also never mentioned this property in her Will.
4. The plaintiff explained that the property remained so in the name of Kwaku Forkuo because his late uncle apart from buying it in his name, actually gifted it to him. So after the death of Kwaku Forkuo, the 1st defendant herein who was appointed the customary successor, shared the estate and gave a flat and some stores in H/No. OTB 141, Adum to the plaintiff as his widow and her children. The distribution is documented in Exhibit G and Adwoah Nsiah, sister of the 1st defendant signed as a witness.
Thereafter, the 1st defendant herein and the original plaintiff (Hanna Kwarteng) jointly applied for letters of administration in respect of the estate of Kwaku Forkuo. In the declaration of inventory they excluded the disputed house because it had already been shared. But upon the advise of counsel, the inventory was amended and the house was included, after which the letters of administration was granted.
5. However, the 2nd defendant/respondent raised a red flag against the inclusion of the house in the inventory in support of the application for the grant of the letters of administration. Her case is that, apart from Kwaku Forkuo, their late uncle bought several properties in the names of other nephews and in his lifetime, treated all those properties as his own until he died. In his will, their late uncle named their mother as his residuary legatee. All the properties which their late uncle acquired in the na