PETER EDEN KWASI-KUMAH JNR & ORS vs JULIUS KWASI KRAMPA & ANOR
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Evidence Law
- Probate and Succession
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs, heirs and beneficiaries to the estate of the late Peter Eden Kwasi-Kumah, sued the Defendants over non-payment of agreed estate shares, educational and funeral expenses, and the improper administration of the estate. Defendants counterclaimed over estate property retained by Plaintiffs. Judgment was awarded favoring the Plaintiffs, declaring them entitled to their respective shares and owed expenses, with orders to the executor to distribute the estate per the will, or face judicial sale of the hospital asset if payments were not fulfilled.
The Plaintiffs herein commenced the instant action against the Defendants herein on 17th day of July, 2012 for the following reliefs:
(i) An order that the Defendants should pay to the Plaintiffs 1/3rd of the value of Eden Hospital as agreed by the parties per a revaluation report fixing the 1/3rd value of the hospital atGH¢130, 901. 33 and interest thereon, effective 1st January, 2010 until final payment.
ii) An order that 1st Defendant pays to the Plaintiffs a total of GH¢13, 244. 00 being school fees of GH¢10, 044. 00 and funeral expenses of GH¢3, 200. 00 paid by the Plaintiffs which 1stDefendant has to reimburse Plaintiffs.
iii) An order directed at the 1st Defendant to take steps to complete the distribution of the estate and vest the properties in the beneficiaries as per the contents of the Will of the testator.
iv) An order restraining the 2nd Defendant from intermeddling with the estate of the late Peter Eden Kwasi-Kumah.
v) In the alternative to (i) above an order for the judicial sale of the Eden Hospital and a further order distributing the proceeds from the sale equally amongst the Plaintiffs and the 2ndDefendant and or an order that the Plaintiffs and the 2ndDefendant be declared as beneficiaries and joint owners of the Eden Hospital in equal shares and a further order for the 2ndDefendant to account for the proceeds from the hospital effective 10/2/09 when he took over the management of the hospital to the date of judgment and an order that the Plaintiffs and the 2nd Defendant jointly manage the Eden Hospital and share the profits equally.
The Defendants entered conditional appearance on 23rd July, 2012 but filed no process again so on 13th November, 2012, the Plaintiffs filed an application for leave to set down the action for trial.
On 27th November, 2012 this court differently constituted set down the issues contained in the application for directions for trial.
The issues set down for trial are as follows:
a. Whether or not the Plaintiffs are entitled to 1/3rd of the value of the Eden Hospital per an agreed valuation report fixing the 1/3rd value at GH¢130, 901. 33 and interest thereon effective 1st January, 2010 until final payment.
b. Whether the Plaintiffs are entitled to an amount of GH¢13, 244. 00 and funeral expenses of GH¢3, 200. 00 paid by the Plaintiffs which 1st Defendant is required to refund/reimburse Plaintiffs.
c. Whether or not the 2nd Defendant is intermeddling with the estate of the late Peter Eden Kwasi Kumah