MARGARET YANKAH & ANOTHER v. THE REGISTRAR HIGH COURT, SEKONDI & ANOTHER

JUDGEMENT

KUSI-APPIAH, J.A. : This appeal turns on the correct interpretation to place on Section 5 (1) of the Intestate Succession Act, 1985 (P.N.D.C.L. 111). There are other ancillary matters too. The Section provides that:

“ 5(1) Where the intestate is survived by a spouse and by a child the residue of the estate shall devolve in the following manner :

(a) three-sixteenth to the surviving spouse, (b) nine-sixteenth to the surviving child,

(c) one-eight to the surviving parent,

(d) one-eight in accordance with customary law.”

The appellants contend that by this provision the child who survived the father but died before distribution of the estate is entitled to a portion of her deceased father’s estate. The second respondent contends otherwise. This is the bone of contention in this appeal but as I said earlier there are other grounds of appeal which will be unfolded shortly.

This case has had a very chequered history. For the proper appreciation of the facts which culminated in this appeal, let me give a brief background information to this case. The case primarily is an estate matter. It is in respect of the estate of one Peter Asuquo Uboh (deceased). The said Peter Asuquo Uboh was a Nigerian resident in Ghana for many years. He died intestate on the 2nd December, 1989 survived by his widow, the second defendant and children, namely; Gloria Ade Uboh, a daughter of the first plaintiff and Ini and Eno Uboh infants suing per their next friend Patricia Essien. At the time of the death of Peter Asuquo Uboh, the second defendant was pregnant and delivered some months after his death, a daughter called Petrina Uboh.

Upon the death intestate of the late Peter Asuquo Uboh, there was a protracted litigation among the deceased’s administrators (comprising of the intestate’s wife, brother, and business partners) over the estate of the intestate which ended up at the Supreme Court. The Supreme Court dismissing an application for certiorari and prohibition by the second defendant herein made the following orders:

“ 1. The parties are to return immediately to the status quo- that is to say the Administrators are to take over the Administration of the Estate of the MR. PETER

UBOH (deceased) and the widow, MRS. EMMA

UBOH restored to her office and shop on the premises on which the business of the WESTERN PALACE

HOTEL is hitherto being operated.

2. The WESTERN PALACE HOTEL as a business is to vacate from the premises within 3 months and to pay commercial r