Akplam Vrs Dzango [2023] GHADC 557 (21 April 2023)

Akplam Vrs Dzango [2023] GHADC 557 (21 April 2023)

Defendant and associates intermeddled with deceased's property without authority or letters of administration, and in absence of family head's testimony or customary law explanation, are liable to return items to widow and children under intestate succession law.

Source-derived case information.

Citation
[2023] GHADC 557
Parties
Plaintiff: Akplam Linda; Defendant: Emmanuel Dzango
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 April 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Intestate Succession, Intermeddling With Estate, Distribution of Deceased's Property
Source Language
english
Succession Family Law Property Law Intestate Succession Intermeddling With Estate Distribution of Deceased's Property

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Parties

Akplam Linda

Plaintiff

Emmanuel Dzango

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant intermeddled in the property of the deceased
  2. 2 Whether the items collected from the plaintiff should be returned to her

Ratio Decidendi

Defendant and associates intermeddled with deceased's property without authority or letters of administration, and in absence of family head's testimony or customary law explanation, are liable to return items to widow and children under intestate succession law.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to return canoe and accessories, mattress, bed, eight gallons of petrol, bags, and cloths to plaintiff
  • Defendant to pay costs of GH₵1,000.00