JOSCELYN AFUAH ADOLEY BARNOR VS MARGUERITA NAA ADOKOR ACCAD
March 7, 2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.
Areas of Law
- Civil Procedure
- Probate and Succession
March 7, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J., of the Accra High Court determined an interlocutory application by the defendant, who had earlier entered conditional appearance and filed a defence with a counterclaim, in a dispute over the estate of the late Former Chief Justice Samuel Azu Crabbe. The plaintiff sought declarations removing the defendant as trustee and executrix, an injunction restraining her, appointment of the registrar, an accounting, and costs. The defendant asked the court to dismiss the suit for lack of jurisdiction on grounds that the will was probated in the Eastern Region and the devised immovable property lies in Aburi. The plaintiff argued the objection concerned venue, not jurisdiction, and was waived once the defendant filed a defence and counterclaim. Applying Order 3 rule 2(1) of CI 47 and relying on OILS & FATS CO. v HOOPER, the court held the defendant took fresh steps and waived any venue objection. The application was dismissed.
The writ was issued on the 14th of December 2024 accompanied with a Statement of Claim for the following reliefs; a) A declaration that defendant by her actions of going against the dictates of the Will is not fit to continue to hold the position as trustee and executrix of the estate of the deceased b) An order to remove the defendant as trustee and executrix of the estate of the deceased c) A perpetual injunction restraining the defendant from acting as trustee and executrix of the deceased’s estate d) An order appointing the registrar to act as trustee of the estate e) An order director at defendant to account to the court for her stewardship as trustee and executrix f) Cost and g) Any other relief that this honourable court deems fit.
The defendant’s address is stated as House Number 3, West Loop, CFC Estate, Tesano in Accra.
She entered conditional appearance on the 28th of December, 2023 and filed a Statement of Defence and Counterclaim on the 4th of January, 2024, counterclaiming the following reliefs; a. An order for interlocutory injunction restraining the plaintiff her agents, her representatives, her affiliates, assigns, successors and any other person or persons acting through her from interfering with and disrupting the defendants continuous management and administration of the Azu Crabbe Estate until the final determination of the this suit.
b. An order dismissing plaintiff’s suit as unmeritorious, scandalous, frivolous and vexatious c. An order for perpetual injunction restraining the plaintiff, her agents, her representatives, her affiliates, assigns, successors and any other person or persons acting through her from ever interfering with and disrupting the defendant’s continuous management and administration of the Azu Crabbe Estate.
d. An order disinheriting the plaintiff as a beneficiary of the last Will and testament of the late Former Chief Justice Samuel Azu Crabbe in accordance with the testator’s directives contained in clause 3 of this Will and testament e. Pursuant to an order for disinheritance an order for plaintiff to reimburse with interest all monies received from her inheritance including her share of the proceeds that accrued from the sale of the Airport House.
f. Declaration confirming the defendant as the sole executrix and trustee of the Azu Crabbe Estate to continue to perform her fiduciary duties and execute the directives of the testator with the support of the other beneficiaries (siblings)g. Declaration that th