LESLIE NARTEY MARBELL & ANOTHER v. SALAMATU MARBELL
2018
COURT OF APPEAL
GHANA
CORAM
- SAMUEL MARFUL-SAU J.A. (PRESIDING)
- AVRIL LOVELACE-JOHNSON J.A.
- HENRY A. KWOFIE J.A
Areas of Law
- Property Law
- Succession Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal set aside the High Court's decision and held that the deceased died intestate with respect to his 50% interest in House No. 29 Mensah Wood Street, which should be distributed according to the Intestate Succession Law 1985 (PNDC Law 111). The defendant's claim of a deathbed gift was not supported by sufficient evidence, and the plaintiffs were found to have an interest in the estate, though they were not joined as co-administrators.
J U D G M E N T
HENRY KWOFIE J.A
This appeal is against the judgment of the High Court Accra delivered on 27th day of January 2015. The trial judge dismissed the claim of the plaintiffs and entered judgement in favour of the defendant on her counter claim in respect of the disputed house No. 29, Mensah Wood Road, Ambassadorial Enclave, East Legon, Accra.
The facts leading to this appeal are that Victor Adolphus Tatse Marbell (deceased) was a Commissioner of Police in the Ghana Police Service and Director of Special Branch, Ghana. He left Ghana on 4th January 1982 for the United Kingdom whilst still in active service and did not return to Ghana until his death on 7th February 2009 in the United Kingdom where he was buried. The two plaintiffs are the children of the late Victor Adolphus Tatse Marbell whom he had with different mothers prior to marrying the defendant in June, 1971. The defendant was a Chief Superintendent of Police in the Ghana Police Service and had 2 children with the deceased. The defendant with her two (2) young children also left Ghana in March 1982 and joined the deceased husband and they lived together at No. 128 Elizabeth House, Gasbrook, Reading, U.K. The deceased Victor Marbell and his wife the defendant and their two children never set foot in Ghana until the deceased died on 7th February 2009 and was buried in the U.K. Prior to their departure from Ghana, the couple had a joint lease agreement in respect of plot No. 29, Mensah Wood Street, Ambassadorial enclave, East Legon, Accra the subject of dispute in this action. The property had an uncompleted outhouse and a foundation for the main building prior to the couple departing to the United Kingdom. It is the case of the plaintiffs that upon the death of their father Victor Adolphus Tatse Marbell, the defendant his widow gave a Power of Attorney to someone to apply for letters of administration in respect of the East Legon property without recourse to them and or the family of the deceased Victor Marbell. The plaintiffs accordingly instituted the action in the Registry of the High Court, Accra against the defendant claiming the following reliefs:
1. A declaration that defendant’s application for Letters of Administration without notice to the plaintiffs nor the head of the deceased family contravenes the law on the administration of Estates.
2. An order revoking the Letters of Administration granted to the defendant.
3. A declaration that the plaintiffs together with the d