ROBERT SAMUEL SACKEY v. HENRY BENJAMIN OKANTAH.
April 3, 1916
SUPREME COURT
GHANA
CORAM
- HIS HONOUR SIP PHILIP CRAMPTON SMYLY, KNIGHT, CHIEF JUSTICE
Areas of Law
- Probate and Succession
- Property and Real Estate Law
- Family Law
April 3, 1916
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case concerns competing claims to letters of administration over the personal estate of a Ga man who died intestate around 13 August 1914. Robert Samuel Sackey, acting for himself and other sons, and Afuah Sackey on behalf of her infant children, asked the court to issue letters to Robert Samuel Sackey. The defendant, Okantah, asserted that under Ga Native Law and Custom, and with authorization from the deceased’s maternal family, he was the proper person to administer the estate and serve as trustee of family property. Chief Justice Crampton Smyly surveyed treatise authorities (Bannerman, Justice Smith), case law (including Cheetham v. Addy, Nassu v. Van Hien, Alcuyea v. Laryea), and extensive expert testimony. He concluded that Ga succession runs to the uterine brother, then to the sister’s child (nephew), and failing them, to the children; the Takon custom was not shown to exclude the whole family. Objections based on Okantah’s prior conduct and Christian marriage were rejected, the Marriage Ordinance No. 14, 1884 s.47’s distribution rule was noted, and letters were granted to Okantah with costs from the estate.
In this suit the Plaintiff Rohert Samuel Sackey on behalf of himself and other sons of the deceased. and Afuah Sackey on behalf of her infant children by the deceased who died on or about the "3rd dav of August, 1914 intestate clam that letters of Administration should be granted to Robert Samuel Sackev as a son of the deceased, and representing the interests of the children of the deceased.
The Defendant Okantah say that hy Native Law and Customs he is the proper person to be granted Letters of Administration to the personal estate of the deceased, and further that the member of the family of the deceased according to Native Law and Custom have authorised him to obtain letters of Administration for the purpose of administering the above estate and to be the trustee of the family property.
The facts in this case are shortly as tollows:--The leceased was the youngest of four. the eldest Sackey died first, then Alfred Sackey, then Adjuah Samana the mother of the Defendant Ukantah, then the deceased. The deceased during his life had a nmmber of children by different wives according to Native Custom now represented by the llaintifis. The Plaintiffs further allege a native Custom Okeweku Efo Takon equalling a breaking off from the family.
On these facts 1 am asked by the Plaintifis to hold (1) That the Ga Law of succession as distinct from that of the Fantis and Twis is in the male line and not the female, and that the children inherit, in the case of self acquired property, to the exclusion of the femate line or fanily in the words of the Honourable Hutton-Mills ane of the Counsel for the Plaintifls. "The Custom "is an equitable one, of immenorial character and worthy of support that a "person should not introduce people into the world without providing for "them." In my opinion a most laudable sentment from the point of view of those who have been reared and trained under a system of monogamy and the individual as opposed to the fimily as a unit.
(2) That assuming the descent to be in the female line, then they rely on the custom referced to above, and claim that the deceased cut oft his family in his lifetime, and therefore that his children snceed, and (3) that theDefendant by his previous conduct and by having contracted a Christian marriage is not a suitable person to be granted Letters of Administration. I propose to deal with each of of these separately.
On the question of succession to self acquired property amongst the Gas, I propose first of all