November 18, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Following the intestate death of Raphael Kwami Bostoe Ntibery in Kpando, his widow and two of his children sued other siblings over control and benefit from the estate, focusing on Paradise Pharmacy Limited and adjacent premises. Plaintiffs alleged the defendants withheld sales that should be deposited at Weto Rural Bank, improperly ran the pharmacy, used the adjoining shop and rear space for a hardware and blocks business, and rented rooms without accounting. Defendants responded that Paradise Pharmacy was a limited liability company, so only the deceased’s shares formed part of the estate, and accused plaintiffs of taking rents and funds from the till. After consolidating two related suits, the High Court examined company records and testimony, held that Paradise Pharmacy was a limited liability company with Ntibery as sole shareholder, and emphasized that directors—not shareholders—operate companies. The surviving director validly appointed Mary Ntibrey to fill a casual vacancy. The court rejected an alleged gift inter vivos of the shop, found no proven intermeddling by either side, and ordered the deceased’s properties, including the pharmacy building and shares, to be distributed under the Intestate Succession Act, with shares transferred to court-appointed administrators.
JUDGMENT
By way of background, one R.K.B. Ntibrey (deceased) of Kpando died intestate on 28
August 2014, leaving behind a widow and 8 children from different mothers. On 26 May
2017, the Plaintiffs brought the present action against the defendants for certain reliefs
which will be reproduced later in this judgment. The 1st Plaintiff is the widow of the
deceased and the 2nd and 3rd Plaintiffs and the defendants are all children of the deceased.
The defendants entered appearance and filed a defence accusing the plaintiffs also of
intermeddling in the estate of the deceased and further accused them of thwarting all
efforts to apply for and obtain letters of administration to administer the estate of the
deceased. Defendants then counter -claimed against the defendants. On 10 April 2018 the
plaintiffs filed an Ex-parte application for the grant of letters of administration to enable
them to administer the estate of the deceased. The application was granted but before the
certificate could be issued the 1st defendant filed caveat. In the events that followed, when
the parties failed to agree on who is entitled to be granted letters of administration, the
court differently constituted on 3 July 2019 ordered the Applicants therein to issue a writ
against the caveator to determine who is entitled to the grant of letters of administration
to administer the estate of the deceased. Pursuant to that order the Plaintiffs then filed
Suit No E12/31/19 asking for the following reliefs:
a) Grant of letters of Administration should be given to plaintiffs to administer the
estate of R.K.B. Ntibery (deceased).
b) Cost.
Pursuant to Order 31 Rule 2 of the High Court (Civil Procedure) Rules C.I. 47, this court
on 18 November 2020 consolidated the present Suit No. E12/15/2017 with Suit No
E12/31/19 as in the opinion of the Court some common question of law and fact arises in
both cases and further ordered that both cases be tried at the same time.
By their writ of summons dated 26 May 2017, the Plaintiffs claim against the defendants
for:
a. An Order directed at the Defendant to stop intermeddling in the deceased
R.K.B Ntibrey’s property.
b. An order directed at the 1st Defendant to account for the five (5) rooms
rented to tenants after the demise of R.K.B Ntibrey.
c. An order of perpetual injunction restraining the 1st Defendant from using
the other shop next to Paradise Pharmacy and the cement Block factory
behind the Pharmacy for his personal u