SAMUEL KWAME BEDDU, PAAPA BEDDU NKRUMAH AND FRANCISCA DEEDE BEDDU NKRUMAH v. GLORIA BEDDU

BACKGROUND AND FACTS

The father of the parties one John Kodzo Beddu (the deceased) a native of Aveme-

Aglama and a resident of Kpando died on 28 October 2006. The deceased left behind a

lot of movable and immovable properties. On 9 February 2012 letters of Administration

in respect of his estate was granted to one Togbe Sekyere also known as Philip Bansah.

On 6 December 2012, the said Togbe Sekyere died leaving the estate unadministered. On

2 June 2015 the Plaintiffs applied to the Court for the revocation of the letters of

administration granted to Togbe Sekyere for a new one to be granted to them. The

defendant on the 7 July 2015 filed a caveat and thereafter filed an affidavit of interest. In

her affidavit of interest she said the deceased died leaving a Will and objected to the grant

of the letters of administration to the Plaintiffs. In the events that followed the Court

ordered the Plaintiffs to issue a writ of summons to determine who is entitled to the grant

of letters of Administration to administer the estate of the deceased.

On 8 September 2020, the Plaintiffs in their representative capacities for the beneficiaries

of the estate and customary successors of the late John Kodzo Beddu issued the writ of

summons against the defendant for the following reliefs:

1. An order for the grant of Letters of Administration in respect of the estate of the late John

Kodzo Beddu of Aveme-Aglama.

2. An order to account for the sale of the deceased vehicle No. GT. 4489 -D and renting of

House No. TNE-AO57 and TNT 8/21.

3. General damages for the intermeddling with the estate of the late John Kodzo Beddu.

4. Costs.

Upon service of the writ of summons and statement of claim on the defendant, she

entered appearance through her lawyer and subsequently filed a defence. She contested

in its entirety all version of the Plaintiffs’ claim.

It is the claim of the plaintiff that the deceased died without a Will and the Will purported

to be the last Will of the deceased was not the deed of the deceased as the deceased was

an illiterate and could not read or write English. They further contend that the deceased

always thumb printed his documents so he could not have signed the document

presented by the Defendant as the Will of the deceased. The Plaintiffs further alleged that

the defendant has intermeddled with the estate of the deceased.

The defendant resisted the claim of the Plaintiffs and said the deceased was a literate and

died testa