2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the High Courts ruling dated 28th June 2015 was dismissed. The court held that the Appellant and her daughter were adequately provided for in the Will of the late Gideon Adofo-Koranteng. The court affirmed the decision of the trial judge and found no merit in the appeal.
WELBOURNE (MRS), J.A.
This is an appeal against the ruling of the High Court dated 28th June 2015. The Appellant in this appeal is Mrs. Bridget Adofo–Koranteng whilst the Respondents are the Executors and five (5) children of the late Gideon Adofo - Koranteng.
The Appellant, Bridget Adofo-Koranteng who is the surviving spouse of the late Gideon Adofo-Koranteng is seeking the intervention of the court for an order of reasonable provision for herself and of her child from the estate of her late husband under Article 22 and 28 of the 1992 Constitution and Section 13 of the Wills Act, Act 360. She further prayed the court to order that the three Storey building at Frafraha be given to her and her seven year old daughter, Anita Adofo-Koranteng.
The late Gideon Adofo-Koranteng was a retired Chief Inspector of the Ghana Police Service who died testate on 21st June, 2014 and is survived by a wife and six children.
The Will of the Testator is dated 20th June, 2014 made a day before he died. Probate of the Will was granted by the High Court on 30th September, 2014. There was no objection or caveat by anyone.
Thereafter, the Plaintiff (hereinafter described as the Appellant) applied for the following:
To vary the disposition in the Will and give the Frafraha property to her and Anita Adofo-Koranteng and the death benefits with Ghana Police Service and Bank Accounts in the following ratio:
1. 30% to surviving spouse.
2. 40% to Anita Adofo-Koranteng.
3. 30% to other 5 children.
Also a Mercedes Benz car and other clothes be given to her and the property at Nkawkaw be given to the other children. The Appellant later amended the ratio of distribution of the Ghana Police Service Death Benefits by filing a supplementary affidavit that sought for 30% to the surviving spouse, 60 % to Anita and 10% to the rest of the children.
After considering the arguments of both sides, on 29th June, 2015, the High Court dismissed the application. At pages 42-44 of the Record of Appeal, the judge delivered her ruling inter alia:
“I have considered the arguments of counsel for both sides and I have taken a critical look at the attached Will of the Testator and it seems to me that the Testator devised a two bedroom apartment in his house at Nkawkaw to his spouse i.e the Applicant herein. He again devised the rest of his property and money as well as any residual property to all his children including Anita Adofo-Koranteng, in equal share.
Again I believe the Ghana Police Servi