HARRY P. AGYEKUM v. ELIZABETH TWENE & ANOTHER
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, JA (PRESIDING)
- ACQUAYE, JA
- DZAMEFE, JA
Areas of Law
- Civil Procedure
- Equity and Trusts
- Probate and Succession
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a dispute over the administration of William Davies Agyekum's estate. The plaintiff, a son of the deceased, accused the administratrixes, including the surviving widow, of mismanaging the estate. The trial court found the defendants had breached their fiduciary duties and improperly handled estate properties, granting an interlocutory injunction. Appealing, the defendants argued that the trial judge prematurely ruled on the merits. The appellate court upheld the trial court's finding on the residual clause handling but overturned the interlocutory ruling, ordering a new trial by a different High Court judge.
JUDGMENT
DZAMEFE, JA
The plaintiff/respondent hereinafter referred to as the plaintiff issued this writ of summons on 25th November 2013 against the defendant/appellant, referred to as defendants for the following reliefs:
a. An order revoking the grant of Letters of Administration with Will annexed in respect of the estate of William Davies Agyekum.
b. An order for the defendants to render an account of their stewardship as administratrixes.
c. An order for the payment by the defendants to the plaintiff and all other beneficiaries of the estate all monies found to be due to them on the taking of account.
d. An order appointing the plaintiff, Richard Kwame Agyekum and Mavis Agyekum as Administrators and Administratrix of the estate of the said deceased in addition to Kwabena Kyei Agyekum, who is already an Administrator.
e. A declaration that the following properties: 1. Ghana Commercial Bank building situate at Prempeh II Street, Adum, Kumasi. 2. Commercial land at Adum, Kumasi. 3. Plot of land opposite St. Monica’s Convent Mampong-Ashanti. 4. H/No. 15 Third Road, Tesano, Accra. 5. H/No. C448/1, are referred to in paragraphs 18,19,20 and 21 of the deceased’s Will dated 5th July, 1985, have become a residue for the estate of the said deceased or in the alternative fallen into intestacy.
f. A declaration that any vesting assent executed in favour of anybody covering the properties listed in relief (e) is void and of no legal effect.
g. An order that any said Vesting Assent covering the properties listed in relief (e) executed and/or registered shall be delivered to the court and cancelled
h. An order that any lease, sublease conveyance or mortgage agreement entered into by the defendants be set aside and/or nullified.
i. An order that properties referred to in relief (e) shall be distributed according to paragraph 31 of the Will of the deceased.
j. An order for perpetual injunction restraining the defendants whether by themselves, agents, privies, assign or whomsoever from interfering or dealing with the properties listed in relief (e) in any manner.
k. Any other relief as the honourable court may deem fit.
l. Costs.
The plaintiff in his statement of claim averred he is the son and beneficial of the estate of William Davies Agyekum (Deceased) and the defendants are the surviving widow and adminstratrixes of the estate of the deceased who died on 3rd September 1985. The deceased made a Will dated 5th July 1985 and named Robert Djan Tackie and