KENNEDY FRANCIS ZOGLIE VS PAUL KWESI ZOGLIE
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE EUDORA CHRISTINA DADSON.
Areas of Law
- Evidence Law
- Probate and Succession
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case examines the rightful succession to the estate of the late Victus Kudoto Zoglie, involving claims by his grandchildren. The Plaintiff sought specific inheritances while the Defendant contended for equal distribution of the estate among all siblings. The court ruled that the estate was not fully and legally distributed, letters of administration need to be processed, and the Plaintiff could only inherit a share of what was devolved to his late father. The principles underline the importance of legal procedures in estate distribution and the burden of proof in claims and counterclaims.
[1] Introduction This case brings to fore issues of death and succession to a grandfather’s estate by his grandchildren.
The Plaintiff issued a Writ of Summons and an accompanying Statement of Claim on 30th April, 2020 for the following reliefs; a. “A declaration by the Court that upon the death interest(sic) of their father he and his other siblings are entitled to inherit their father’s estate which included the chamber and hall and a porch, the spot, and the two shops their late father inherited on the death of their late grandfather.
b. Perpetual injunction against the defendant, his agents, workers, privies, or any other person or entity that claims through the defendant from in anyway interfering with the house built by plaintiff’s late father.
c. Any other reliefs that the court may consider appropriate.
d. Cost. ”The Defendant entered conditional appearance on 11th May 2020 and filed his Statement of Defence on 24th August 2020. The Defendant filed counterclaimed as follows: i. “A declaration that Defendant and his 7 other siblings are beneficiaries in equal share in the estate of the late Victus Kudoto Zoglie being House No. 71, Amasaman.
An order that Defendant should proceed to obtain the Letters of Administration from the Court to Administer the estate of the late Victus Kudoto Zoglie being House No. 71, Amasaman.
An Order that upon the grant of the Letters of Administration, the Defendant should immediately demolish the existing structures on the land and redevelop the land in a way that all the 8 children of Victus Kudoto Zoglie will benefit equally from the state.
An Oder directed at the Defendant to vest each beneficiary’s share in them by executing a vesting assent in their respective favour.
v. Costs. ”[2] The Plaintiff’s Case The Plaintiff testified per his adopted witness statement that the father of his late father Simon Kofi Zoglie was Victus Kudoto Zoglie who died several years ago.
According to the Plaintiff his late Grandfather put up a mud house otherwise known as swish house at Amasaman numbered H/No 071. It is the further case of the Plaintiff that his late grandfather gave the land to his late father, the frontage of which the Plaintiff has his drinking Bar at the moment.
According to the Plaintiff after the death of his late grandfather the house which he built that is the mud house at Amasaman was shared among his children.
The Plaintiff continues his testimony as follows: “On the same day that they shared the