JOANA NYARKO v. MAXWELL TETTEH & OTHERS
2019
SUPREME COURT
GHANA
CORAM
- GBADEGBE, JSC (PRESIDING)
- MARFUL-SAU, JSC
- DORDZIE (MRS), JSC
- AMEGATCHER, JSC
- KOTEY, JSC
Areas of Law
- Probate and Succession
- Evidence Law
- Property and Real Estate Law
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case revolves around an appeal in a probate matter where the Supreme Court reinstated the High Court's findings of fraudulent conduct by the 2nd and 3rd Defendants, which were previously overturned by the Court of Appeal. The defendants had presented forged documents to falsely claim ownership of parts of the estate, attempting to disinherit the testator's widow and her children. The Supreme Court found their conduct dishonest, thus discrediting their claims and affirming that the testator had testamentary capacity over all properties in his will. The Court reiterated the principle that an appellate court should not overturn trial court findings unless clearly unsupported by the evidence and underscored that failure to specifically plead fraud isn't necessarily fatal if evidence of fraud is clear and unobjected to.
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