MICHAEL HAGAN BROWN v. WILLIAM BENJAMIN HAGAN BROWN JNR
2018
COURT OF APPEAL
GHANA
CORAM
- HENRY A. KWOFIE
- MARIAMA OWUSU
- AMMA GAISIE
Areas of Law
- Administrative Law
- Estate Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal was dismissed as the plaintiffs action was not for a declaration of title to a devised property but an order for the executor to distribute the estate. The plaintiff was allowed to sue in a representative capacity as per the rules where there is a common grievance and common interest.
JUDGMENT
HENRY KWOFIE J.A:
This is an appeal against the ruling of the High Court Kumasi given on the 23rd of March 2017. The ruling the subject of the appeal followed an application by the defendant/applicant/appellant for the plaintiff’s suit to be dismissed for want of capacity. The said suit was brought by the plaintiff Michael Hagan Brown for himself and on behalf of his mother and siblings on 16th September 2016 claiming the following reliefs:
i. An order of the Court to compel the defendant to distribute the estate of Nana Dr. William Benjamin Hagan Brown in accordance with his Last Will and Testament.
ii. A further order restraining the defendant from interfering with the plaintiff’s enjoyment of the portion of the estate till the determination of the suit.
iii. An order for the defendant to account to the plaintiff and all the beneficiaries on how he has administered the estate.
The trial judge dismissed the defendant’s application on 23rd of March 2017. Dissatisfied with the ruling, the defendant/applicant/appellant mounted this appeal by a Notice of Interlocutory appeal dated 13/07/2017 on the following grounds:
i. The ruling is against the weight of evidence on record
ii. Additional grounds of appeal would be filed on receipt of the record of appeal.
It is noted for the record that no additional grounds of appeal were filed by the appellant. The relief sought from the Court of Appeal is a reversal of the ruling of the High Court and an order dismissing the action of the plaintiff/respondent for want of capacity.
The case of the plaintiff Michael Hagan Brown is that he is one of the children of the late Dr. William Benjamin Hagan Brown by his mother Mary Donkor. He initiated the action for himself and on behalf of his mother Mary Donkor and his three siblings namely Cynthia Hagan Brown, Salina Evon Hagan Brown and William Benjamin Hagan Brown Jnr. It is his case that his late father died on 23rd July 2000.
After his death a dispute arose over the validity of his last will which became the subject of litigation at the High Court Kumasi which lasted about fifteen years before judgment was delivered. The defendant was appointed the Administrator of the estate by the Court since the named executor died before judgment was delivered in the case. It is his case that the defendant after the grant of letters of administration has refused to distribute the estate and has resorted to selling some of the properties. The defendant has also starte