COMFORT OFORIWA v. DANIEL DENTEH ANYIMADU

OFOE, JA

The respondent, who in this judgment we would refer to as the plaintiff was the wife of the deceased, Nana Ampem Darko otherwise known as Mr. John Okyere Nyarko. The parties got married somewhere in late nineties. The husband, hereinafter referred to variously as the deceased or Nana Darko, left this part of the world on the 19th August 2002. It is the dispute over who is entitled to letters of administration to administer his estates that brought the parties face to face in the trial High Court eventually disputing whether all the properties known and mentioned in this case by the defendant were solely acquired by the deceased. In the plaintiff’s application for letters of administration the properties she mentioned were House No. D644/4 Tudu, House No.C86/5 Nima, House No.B 1060A/ 23 Abeka and unnumbered House at Muoso, Akim. But when she was compelled to go through a full trial for a determination who owns these properties she sued the head of family and the customary successor of the deceased asking from the trial court;-

“1.A declaration that all properties standing in the name of the late Nana Ampem Darko, also known as John Okyere Darko were jointly acquired and owned jointly by the deceased and the plaintiff Comfort Oforiwa.

2. A declaration that the plaintiff as surviving joint owner and spouse is entitled to administer all the properties jointly owned and standing in the name of the deceased.

3.In the alternative, a declaration that the deceased held in trust all the properties standing in his name for the benefit of the plaintiff his surviving spouse”

The defendant did not only deny the joint ownership claim of the plaintiff but counterclaimed for a declaration that all the following houses are personal acquisitions of the deceased: No D644/4 Tudu, C86/5 Nima, B 1060A/23 Abeka, 35, 41 Kojo Ashan Street, North Alajo, 103 Nii Tetteh Kpeshie Street, Kwashieman, D686/4 Okaishie, 143/16 Alajo, Unnumbered House Akim Manso, Unnumbered House at Obo Kwahu, Land at Alajo.

Other claims of the defendant related to movables of two cars, pistol, mobile phone, fridge, sound system, video deck, jewellery etc. The trial court concluded, rightly in our view, that no evidence was led on these movables. Indeed the parties did not give any prominence at all to these properties throughout the trial. Other claims made in the counterclaim were for the court to declare that one Mercy Koranteng was also a wife of the deceased, and that all the properties