Philip Kofi Acheampong and Ebenezer Adu Gyamfi v. Monica Boateng
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Family Law
- Evidence Law
- Probate and Succession
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs applied for Letters of Administration for their late brother's estate, but the defendant, claiming to be the deceased's wife, sought to join as an administrator. The plaintiffs resisted, alleging a prior divorce, while the defendant denied both the divorce and any interference with the estate. The court found insufficient evidence to support the plaintiffs' claims of a divorce and intermeddling. The case was dismissed, and the defendant was awarded costs and included in the administration of the estate.
The history of this case as agreed upon by Counsel for the parties is thatthe plaintiffs applied for Letters of Administration to administer the estateof their brother, Ebenezer Obeng Akrofi, who died intestate.
Claiming thatshe was the wife of the deceased, the defendant caveated and applied tobe joined as an administrator of the deceased’s estate.
The plaintiffsresisted her application on the ground that the deceased allegedly divorcedthe defendant before his death.
To determine whether the defendant wasthe wife of the deceased at the time of his death and whether she qualifiedto be joined to the plaintiffs as an administrators of the deceased’s estate, the plaintiffs filed this suit.
Briefly, the facts of this case are that the first plaintiff, Philip KofiAcheampong, is a brother and customary successor of Emmanuel ObengAkrofi (deceased) while the second plaintiff, Ebenezer Adu Gyamfi, is thefirst plaintiff’s older brother.
The defendant, Monica Boateng, on the otherhand, is the disputed wife of the deceased.
In a nutshell, the plaintiffs’ case as can be gleaned from their statement ofclaim is that before his death, the deceased divorced the defendant.
However, the defendant, after the deceased’s death sold some landsbelonging to the estate of the deceased.
The plaintiffs therefore urged thecourt to restrain the defendant from intermeddling with the estate of thedeceased pending its distribution.
Conversely, the defendant, in her statement of defence, denied the plaintiff’s assertion that the deceased divorced her before his death.
She further denied selling any lands belonging to the estate of the deceased or intermeddling with the deceased’s estate, for that matter.
In their reply to the defendant’s statement of defence, the plaintiffs claimedthat the customary marriage celebrated between the defendant and thedeceased was dissolved customarily at Asante Akim Adomfe in 2004. Atthe close of pleadings therefore, the following issues were set down fordetermination; 1. Whether or not the defendant had been divorced and was not living with the deceased, Emmanuel Obeng Akrofi, any longer prior to his death 2. Whether or not the defendant has arrogated to herself the power of intermeddling 3. Whether or not the defendant has sold part of the lands of the deceased which should not be countenanced 4. Whether or not the defendant should be ordered to put an end to her act of selling the lands of the deceased until the property of the deceased are dist