IBRAHIM GYAMFI & ANOR v. CECILIA BOAHENE & ANOR
2015
HIGH COURT
GHANA
CORAM
- Her Ladyship Angelina Mensah-Homiah (Mrs.)
Areas of Law
- Probate and Succession
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs, executors of Nicholas Ashong's estate, filed a case claiming the deceased's property and will were valid and no inter vivos gifts were made. The Defendants contested, claiming the property was gifted to them and disputed the will's validity. The court, after analyzing witness testimonies and the will's compliance with legal requirements, found the will valid and supported the Plaintiffs' claims, dismissing the Defendants' inconsistent evidence on the alleged gifts. The court reaffirmed the deceased's property ownership, upheld the probate process, and awarded no costs to maintain family unity.
JUDGMENT
As the executors of the estate of Nicholas Ashong (Deceased), the Plaintiffs herein commenced the instant action against the Defendants herein who are a daughter and customary successor of the deceased respectively. The 1st Defendant is also said to be a beneficiary under the will of Nicholas Ashong. These are the reliefs sought:
A declaration that H/N0. Plot 5 Block D, Bohyen, Kumasi is the bona fide property of the deceased testator Nicholas Ashong.
A declaration by the Honourable Court that the Deceased testator never made any inter vivos gift to the Defendants or any group of persons in his lifetime.
An order for the issuance of Probate to the Plaintiffs executors to distribute the estate of the late
Nicholas Ashong in accordance with the provisions of his last will and Testament dated 15th February, 2000.
A perpetual injunction restraining the defendants, their agents, assigns, privies and anyone claiming title through them from interfering with the disputed property.
Any other order or orders as the justice of the case would require in terms of the rules of this Honourable Court.
In sum, the Plaintiffs case is that the deceased, Nicholas Ashong is the bona fide owner of H/No. Plot 5 Block D, Bohyen and he did not make any inter vivos gift of any rooms in the said house either before or after his will dated 15th February, 2000. It is also the Plaintiffs case that the deceased was at all times in possession and occupation of the boys quarters on the said plot. The Plaintiffs further averred that this is the second time a caveat has been filed, after an earlier one which had culminated in a suit instituted at the High Court, Numbered C1/79/12 ( now struck out as discontinued).
The Defendants challenged the validity of the will said to have been executed by the Deceased on the basis that the deceased, being a teacher by profession, and able to walk and talk at that time, he would have signed that document and not use the thumb. It is their case that the deceased during his lifetime gifted rooms in the said house to his mother and his seven (7) children of which three (3) are from Offinso and four (4) from Bohyen respectively . They added that the 1st Plaintiff and elders of the family witnessed the said gift. The Defendants further alleged that the deceased intimated to the witnesses that he was going to rent out those rooms temporarily for his upkeep. Concluding, the Defendants averred that the Plaintiffs are not the rightful customary