WILLIAM ARTHUR v. MRS. ELIZABETH DE-HEER AMISSAH & ANOTHER

MARFUL-SAU, JA: - The fundamental issue raised in this appeal relates to the nature, scope and effect of entitlement of children under the provisions of the Intestate Succession Law (PNDCL 111) of 1985. The parties in this appeal are all children of the late Ebenezer Mensah Arthur who died intestate in 1993. The plaintiffs/respondents are from the same biological mother and the defendant/appellant is from a different mother. The subject matter of this dispute is the distribution of House No. E148/3A, Anachin Street Cape Coast. The plaintiffs/ respondents issued a writ at the High Court, Cape Coast on the 15- 3- 96, for the following reliefs:-

‘’1.A declaration that only the children of Mr. and Mrs. Ebenezer Mensah Arthur (deceased) who lived with their parents in the matrimonial home, House No. E 148/3A, Anachin Street, Cape Coast, while they were alive are entitled on the death of their parents to live in the said House No. E148/3A, Anachin Street,Cape Coast.

2. Return of Audi Saloon car

3. Injunction.’’

The brief facts of the case are that the late E.M. Arthur died intestate in 1993 possessed of House No. E148/3A, Anachin Street, Cape Coast. The estate of the late E.M. Arthur apart from the house included an Audi saloon car which was allegedly removed and taken away by the appellant herein. The respondents as already observed had the same biological mother who predeceased the husband the late E.M. Arthur in 1983. The contention between the parties is who should own House No. E 148/3A, Anachin Street, Cape Coast, hereinafter referred to as the house. Before the action commenced the parties had jointly applied for and obtained Letters of Administration to administer the estate of the late E.M. Arthur. The respondents contended that since the appellant never lived in the house with Mr. And Mrs. Arthur, he was not entitled to a share in the house. The trial court entered judgment for the respondents on the 31st of May, 2001. In its judgment the trial court granted all the reliefs of the respondents and particularly declared that only the children of Mr. and Mrs. Ebenezer Mensah Arthur, who lived with their parents in the house while they were alive are entitled on the death of the parents to live in the house. The appellant aggrieved by the said judgment thus appealed to this court.

The Notice of Appeal filed on the 4-6- 2001 had two main grounds namely:-

‘’ a) The judgment is against the weight of evidence.

b) The trial court erred in law by decree