MRS. MATILDA AKU OBENG & EMEFA YAA EGBENYA-OBENG v. ATTORNEY GENERAL & ORS
2018
HIGH COURT
GHANA
CORAM
- JUSTICE KWEKU T. ACKAAH- BOAFO
Areas of Law
- Administrative Law
- Probate and Succession
- Evidence Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Mrs. Aku Obeng and her daughter challenged actions by the Ghana Armed Forces Director of Estates and the Committee of Adjustment regarding the estate of the late Air Commodore Emmanuel Kofi Obeng. Although the deceased’s Nomination Paper (DFA 400) designated his wife, two daughters, and brother, the Director varied it to add two alleged children, Emmanuel Kofi Obeng and Desree Naana Aisha Obeng, based on the Committee’s recommendations. Plaintiffs sought declarations, injunctive relief, and refunds, arguing the variation was unlawful intermeddling. Defendants relied on lay testimony and documents to assert paternity but offered no DNA evidence or legal basis for varying the nomination and did not file closing submissions. Applying the Armed Forces Act and Regulations, the court held the Director must strictly follow the nomination instrument, found the variation unlawful, concluded the Committee lacked authority to determine paternity, criticized diversionary motions, awarded all reliefs requested, and assessed costs of GH¢10,000.
JUDGMENT
i. Introduction:
[1] In this case, a decision made by the Director of Estates of the Ghana Armed Forces’ Committee of Adjustment in respect of the late Air Commodore Obeng (Deceased), is the centerpiece of this litigation. The Plaintiffs contend that the Committee erred by varying the Nomination Form, DFA 400 to add persons who were not listed as beneficiaries by the deceased. The court is called upon to consider among other things, whether the Director of Estates has the right to vary the DFA 400 of the deceased.
[2] Per a writ of summons sealed in this registry on 26th day of September, 2016 the Plaintiffs claimed against the Defendants herein the following judicial reliefs set out here below:
a. A Declaration that the 3rd Defendant is not entitled to vary the Nomination Paper (DFA 400) of the Deceased.
b. A Declaration that 3rd Defendant’s variation of the Nomination Paper (DFA 400) of the Deceased is arbitrary, unlawful, null and void.
c. An Order directed at the Defendants to disburse the benefits of the Deceased in strict compliance with the expressed wishes of the Deceased in his Nomination Paper (DFA 400).
d. An order of perpetual injunction Restraining the Defendants, their agents, assigns, servants, howsoever described from interfering in any way with the estate of the Deceased in a manner detrimental to the interest of the Plaintiffs.
e. An Order directed at Defendants to refund to Plaintiffs within 7 days all sums of money wrongfully and/or illegally paid out of the estate of the deceased.
f. Such further or other Orders as the Court may deem fit; in particular, damages for intermeddling with the estate of the deceased.
[3] After the service of the writ and its accompanying statement of claim on the Defendants, Appearance was entered by an Attorney from the Attorney General’s office after which a joint 15-paragraph statement of defence was filed by the Defendants but claim to relief by way of Counterclaim.
ii. Issues for Trial
[4] At the close of the pleadings the Issues contained in the Application for Directions filed by the Plaintiff and adopted by the court for trial were:-
a. Whether or not the Emmanuel Kofi Obeng and Desree Naana Aisha Obeng are biological children of the Deceased.
b. Whether or not the Deceased in his lifetime acknowledged paternity of Emmanuel Kofi Obeng and Desree Naana Aisha Obemg.
c. Whether or not the Committee of Adjustment has the authority to determine the paternity of Emmanuel Kof