December 11, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per a unanimous opinion delivered by Prof. N. A. Kotey JSC, allowed the widow’s appeal from the Court of Appeal in a dispute over the estate of Samuel Kwabena Affram. The property at Darkuman-Kokompe, Accra included sixteen stores. The High Court had found that the testator’s children by a previous marriage—the 2nd and 3rd Defendants—engaged in fraud to assert ownership, and it cancelled their documents (Exhibits C, E and I). The Court of Appeal partially reversed, holding that fraud had not been pleaded or proved, and that the stores were built by the siblings. The Supreme Court held that failure to plead fraud was not fatal on these facts, re-evaluated the evidence, found clear dishonesty including forgery, perjury and improper manipulation of land records, restored the High Court’s findings and cancellations, affirmed that the testator built and owned the stores, and reinstated all High Court orders.
JUDGMENT
THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY KOTEY JSC, AS FOLLOWS:-
BACKGROUND
Before us is an appeal against the judgment of the Court of Appeal partially reversing the decision of the trial High Court. This appeal is asking this court to overturn those aspects of the decision that reversed the trial High Court and to fully restore the findings of the High Court.
This is essentially a probate and administration matter interspersed with issues of ownership of portions of the estate.
The testator in the case died sometime in 1998. His Will was admitted to probate on 10th March, 2005. The estate comprised land and buildings known and described as House No. 229/19, Darkuman-Kokompe, Accra. On the said land were two constituent buildings, a large storey building, and sixteen stores. A major beneficiary of the Will was his widow, the Plaintiff and her children. When by 2011 the Plaintiff was dissatisfied with the administration of the estate by the 1st Defendant, the executor and the intermeddling in the estate by the 2nd and 3rd Defendants, the Plaintiff instituted action in the High Court seeking the following reliefs;
Account of all the proceeds from the renting of the 13 stores since 1995.
Account of the stewardship of the estate to the beneficiaries.
Distribution of the parts of the estate to the beneficiaries.
Provision of the original copy of the probate.
Cost of litigation.
The Plaintiff is the widow of the testator. The 1st Defendant is the executor of the Will of the testator, husband of the 2nd Defendant and son-in-law of the testator. The 2nd Defendant is a daughter of the testator and wife of the 1st Defendant. The 3rd Defendant is a son of the testator and brother of the 2nd Defendant. The 2nd and 3rd Defendant are children of the testator by a previous wife, Agnes Ama Serwaa who features in the case as DW1.
In her defence, the 2nd Defendant claimed that the testator had gifted a portion of the land to her before his death. She tendered a Deed of Gift dated 16th December 1997, Exhibit ‘‘I’’, in support of her claim.
The 3rd Defendant in his defence claimed that he is the beneficial owner of the whole property described as House No.229/16, Darkuman-Kokompe, Accra. He alleged that the testator had in fact purchased the land in his name for him soon after his birth and that at all material times the testator was holding the property in trust for him and therefore the testator had no testamentary capacity over the property. He