2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves the Plaintiff, the widow of the late Frank Baah Senyah, seeking entitlement to his estate and to prevent the Defendant, the deceased's brother, from intermeddling. The Plaintiff claimed ownership of properties and shares in companies owned by the deceased and accused the Defendant of withholding documents and properties. The trial court ruled in the Plaintiff's favor, but the Defendant appealed, arguing the decision was against the evidence weight. The appellate court upheld the trial court's decision on most grounds, confirming the Plaintiff's entitlements and restraining the Defendant from intermeddling, while setting aside the finding regarding the shares in Murfax Concrete Products Limited.
IRENE CHARITY LARBI J. A.
The Plaintiff was married to the deceased under Customary Law and lived in the house located at B. 605/12, Odorkor for ten (10) years until the demise of the said Frank Baah Senyah.
The children are, Adjoa Senyah aged 31 years, Cindy Senyah aged 27 years and Donald Senyah aged 24 years.
It is the case of the Plaintiff that the Defendant, a younger brother of the deceased has been unwilling and reluctant in joining the Plaintiff to apply for Letters of Administration to administer the estate of the late Frank Baah Senyah and that the Defendant, who doubles as the Head of family, is intermeddling in the estate of the deceased.
According to the Plaintiff, the said companies were owned by the late Frank Baah Senyah and the Defendant as family companies with other branches as Hi Fabrics Concrete and Construction Limited located in Tema.
The Plaintiff states that the late Frank Baah Senyah also owned a fleet of vehicles including GR-1845-P, Ford Truck vehicle GT-8247-N, Pick-Up Toyota Tarconi, Pick-Up Frontier GT-3700-W and Toyota 4 Runner 4 W/D and that all these vehicles have been forcefully taken by the Defendant.
The Plaintiff says that all the documents relating to the house, vehicles and the bank account of the late Frank Baah Senyah has been forcefully taken away by the Defendant.
The Plaintiff contends that the Defendant who has refused to account for the proceeds of the family business has also given an ultimatum to the Plaintiff to quit the house at Odorkor on or before 31st August 2010 because the late Frank Baah Senyah made a Will.