MRS FELICIA BAAKO vs MADAM AFUA FOBI & 4 ORS

I. INTRODUCTION“A will can save one’s family from being put into a quagmired pit of legal conundrum, in case of death (which may even be untimely). ”― Henrietta Newton Martin[i] The above quote does not appear to be always true because it is a Will in respect of the estate of Bernard Kwaku Baako that has brought the parties before this Court.

There are three suits consolidated as one, all three are in respect of the estate of Bernard Kwaku Baako aka Nana Opoku Manwere.

The Plaintiff in suit number CS/298/94 contends she is one of the surviving wives of the deceased, Bernard Kwaku Baako whilst the Plaintiffs in the two other suits are said to be the older child and/or relative or persons with an interest in the estate of the deceased.

The Defendant is the same in all three suits, and she is said to be the niece and/or Administrator of the estate of Bernard Kwaku Baako. [ii] During the pendency of the suits and even though the substantive trial had began, on the 30th of October 2020, the Plaintiff in suit number CS/298/94, Felicia Baako, filed a notice of discontinuance of the suit without the liberty to reapply, per her Counsel; and so suit number CS/298/94 was discontinued and struck off the cause list of the Court.

Then on the 29th of March 2021, counsel for the Defendant informed the Court that the Plaintiff in suit no. CS/338/94 Bright Owusu – Ansah had passed away.

This fact was confirmed by one Yaw Agyei, who stated he was a relative of the deceased Plaintiff.

The Court thus ordered that proof of death ought to be filed and thereafter, the trial abated with respect to the Plaintiff in suit no. CS/338/94 also. [iii] It is therefore only the parties, facts and issues in suit no. LS/232/98 entitled Akwasi Paul v Afua Fobi that are presently in contention before this Court.

2. FACTS OF THE PLAINTIFF’S CASE IN SUIT NO. LS/232/98[iv] According to the Plaintiff, in his writ of summons and which was subsequently amended, he is a businessman ordinarily resident in Germany and the son of the deceased, Bernard Kwaku Baako and Madam Akosua Konadu, also deceased.

The Plaintiff confirmed that the Defendant was the niece of the deceased, Bernard Kwaku Baako.

The Plaintiff added that his parents were married for a long time and during the pendency of the marriage, the two engaged in several businesses together and they traded inside and outside Ghana. [v] His parents thus acquired a lot of money and used the proceeds of their businesses and busine