March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (Ghana), per Poku‑Acheampong, J.A., dismissed Abdul Aziz Ishak’s appeal from the Kumasi High Court’s conviction for intermeddling under Order 66 rule 3 of C.I. 47. The widow, Jamila Yakubu, had applied for Letters of Administration over the estate of her late husband, Mahmoud Issaka, while Ishak, the deceased’s younger brother and customary successor, caveated and was ordered to deposit GH¢300,000 into court. Yakubu later sought an intermeddling order, alleging Ishak possessed estate assets and monies including an unregistered Toyota Highlander and GH¢1,379,400 collected from debtors. The Court of Appeal held that intermeddling is a quasi‑criminal offence validly commenced by application, analogizing to contempt, and that crimes directly in issue require proof beyond reasonable doubt. Relying on affidavit materials, Ishak’s own motion to vary the deposit order, and his failure to deny possession of inventory items, the court found the offence proved beyond reasonable doubt. It rejected claims of misdirection, weight of evidence, and breach of audi alteram partem, noting no formal cross‑examination request. The appeal was dismissed in its entirety, with DOMAKYAAREH, J.A. (Presiding) and ASIEDU, J.A. concurring.
POKU-ACHEAMPONG, J.A.:
This is an appeal against the ruling of a Kumasi High Court dated 6th July 2020 in respect of an intermeddling application regarding the estate of one Mahmoud Issaka (Deceased).
Background:
It may be worthwhile to recount the chronology of events before the intermeddling application.
1. Jamila Yakubu the Respondent in this appeal on 21 /1/20 filed an application for Letters of Administration in respect of the estate of her late husband Mahmoud Issaka..
2. On 23/1/2020 Abdul Aziz Ishak the Appellant herein and brother of the deceased caveated. The Trial Judge in the Court proceedings of 29/1/2020 ordered the caveat to be served on the Applicant by close of work on 29/1/2020.
The Caveator was directed to file his affidavit of interest on or before 5th Feb. 2020.
3. The Appellant and Customary successor Abdul Aziz Ishak was ordered to deposit in court the sum of ¢300,000.00 on or before 10/2/2020 in respect of the case out of the total amount of GH¢1,379,400.00 stated in the affidavit in support of the Applicants Letter of Administration application.
4. On 11/2/20 Abdul Aziz Ishak filed a Motion on Notice for variation of the court order dated 29/1/20. In the supporting affidavit he indicated in paragraphs 9 and 12 that he had paid ¢100,000 into court and that he could not pay the remaining ¢200,000 by 10/2/20 as ordered.
He asked for extension of time to pay the balance and thus prayed for a variation of the court order.
5. In the court proceedings of 13/3/20 Counsel for the Caveator sought leave to withdraw the caveat filed on 23/1/2020. Counsel for the Applicant did not oppose the application and the court struck out as withdrawn the caveat filed on 23/1/20. The motion for variation of the order made on 29/1/20 was adjourned to 25/3/20 for same to be moved.
6. It was duly moved on 25/3/20 and granted by the court which ordered that the remaining amount of ¢150,000 out of the ¢300,000 to be paid to court should be paid on or before 4/5/20.
Intermeddling Application:
On the 21st of May 2020 Jamila Yakubu the Respondent herein filed an application in the High Court for an order of intermeddling against the Appellant herein Abdul Aziz Ishak in respect of the estate of her late husband Mahmoud Issaka @ Mamoud Ishak @ Mamuda Issaka.
In her affidavit in support of the application the Respondent deposed that, the Appellant, the late husband’s younger brother and also customary successor was in possession of some propertie