JULIANA OWUSU DONKOR VS BRIAN AGYEMANG BOATENG & ANOR

The applicant is the surviving spouse of the deceased Martin Kwabena Duah also known as Felix Konadu who died testate on 27th August, 2022. The applicant prays the court for a reasonable provision to be made for her out of the estate of the deceased husband.

The applicant in her affidavit in support deposes that she got married to the deceased on 17th December, 2017 and had lived with him in his House No. 67 Pankrono Estate, Kumasi as the matrimonial home.

In the same house, she operated and still operates a hair dressing salon in one of the three shops in front of same given to her by the deceased husband.

Further, during the marriage, a Toyota vehicle with registration number, AS-7738-13 was at all times used to ease the burden of transportation.

However, upon the death of the husband, a Will made by him as per the copy of the Will attached to the application and marked as Exhibit “B” came to her attention.

It turns out that Exhibit “B” was executed in August 2016, before her marriage to the deceased testator in December, 2017. Further, in Exhibit “B” the Matrimonial House No. 67 Pankrono Estate, Kumasi has, been devised to some named children of the testator and a nephew.

Also devised and bequeathed is the vehicle to a named daughter, the 3 store rooms in front of the house to two named daughters and nephew, all house hold items have been devised and bequeathed to his daughter and the residuary clause was in favour of a named daughter.

Therefore, the applicant deposed that with no reasonable provision made for her during the testator’s life and no provision made for her under the Will, Exhibit “B” as a spouse, where the court does not intervene, the apartment she occupies being a single room, living room, kitchen and washroom and the shop she operates her salon will be taken from her as same have been devised to beneficiaries.

Furthermore, the keys to the Toyota vehicle has been seized by the testator’s daughter Lydia Konadu Andor the named beneficiary and locked in a garage after which she left for the United States.

In the circumstance, the applicant deposed that upon advise which she believe same to be true, she prays the court on the strength of section 13(1) of the Wills Act, 1971 (Act 360) and Article 22(1) of the 1992 constitution to intervene and make a reasonable provision for her needs, accommodation and maintenance out of the estate.

In an affidavit in opposition sworn to by Kwame Micah (2nd respondent) one of the named executors wi