MERCY BLANC AIDOO VS THE ADMINISTRATOR OF THE ESTATE OF SELWYN OKOE BOYE

BRIGHT MENSAH JA:

This is an appeal from the decision of the High Court, Accra delivered 10/06/2019 in favour of the defendants/respondents herein referred to as the respondents, as against the plaintiff/appellant simply referred to as the appellant.

The judgment of the lower court complained of, appears on pp 77-87 of the record of appeal [roa]. Being dissatisfied with the judgment, the appellant has launched the present appeal per a notice of appeal filed which appears on pp 233-235 [roa]. To appreciate the nature of the case and the conclusions the lower court reached we chronicle in brief, the facts and respective claims of the parties.

BRIEF FACTS: On record, the appellant caused a writ of summons to be issued in the registry of the lower court against the respondents for the following judicial reliefs: i) An order directed at the defendants [respondents] to exhibit upon oath a true account of all the sums of money received by the defendants [respondents] as Administrators of the estate of Selwyn Okoe Boye.

ii) An inventory of all the properties, moveable and immovable of the deceased which has come into their custody by reason of their administration of the estate of the deceased.

iii) An order directed at the defendants [respondent] to distribute properties both moveable and immovable constituting the estate of Selwyn Okoe Boye according to PNDCL 111. iv) Distribution and delivery up of such properties as are due the plaintiff out of the estate of the deceased.

v) Such other further reliefs as the court may deem just. See: pp 1-3 [roa]The respondents upon entering appearance subsequently filed their statement of defence and counterclaimed against the appellant that runs as follows: a) Refund of the sum taken by the plaintiff [appellant] to the defend-ants [respondents] plus interest at the prevailing commercial rate from the date the said money was taken by the plaintiff till the final determination of the suit.

b) An order of perpetual injunction restraining the plaintiff [respon-dent] from interfering with the administration of the estate of the deceased.

c) Cost including the legal fees.

d) Any other costs as the court may deem fit.

See: pp 11-14 [roa]Issues for trial: At the close of the pleadings, the under listed issues were filed for the consideration of, and determination by the lower court: 1. Whether or not the deceased at the time of his death was lawfully married to the plaintiff [appellant]. 2. Whether or