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
- Evidence Law
- Probate and Succession
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court ruled in favor of the plaintiffs, finding that the Director of Estates unlawfully varied the Nomination Form (DFA 400) of the deceased by adding unapproved beneficiaries. The Director's decision was deemed arbitrary and not supported by any legal authority or scientific proof, such as DNA testing. Consequently, the court ordered that the deceased's estate be disbursed according to the original Nomination Form, and the Committee of Adjustment was declared without authority to determine the paternity of the alleged additional beneficiaries. The plaintiffs were awarded all their claims and costs.
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