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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

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.

JUDGMENT