Anum & 2 Ors Vrs The High Court Registrar, Accra & 8 Ors [2022] GHASC 72 (2 March 2022)

Anum & 2 Ors Vrs The High Court Registrar, Accra & 8 Ors [2022] GHASC 72 (2 March 2022)

In circumstances where executors have abandoned their duties and estate property is at risk of dissipation or illegal disposal, beneficiaries with an interest in the property have capacity to sue to protect and preserve the estate, even without a vesting assent. Strict interpretation of the Administration of Estates Act should not defeat the purpose of preserving the estate and would be contrary to public policy.

Citation
[2022] GHASC 72
Parties
Plaintiff/appellant: Charlotte Anum; Plaintiff/appellant: Grace Annum; Plaintiff/appellant: Cecilia Akosua Opare; Defendant/respondent: The High Court Registrar, Accra; Defendant/respondent: Yorke Properties; Defendant/respondent: Gold Coast Securities; Defendant/respondent: Biney Impex Ltd.; Defendant/respondent: Fatima Yakubu Biney; Defendant/respondent: George Afotey Odai; Defendant/respondent: Christiana Aforkor; Defendant/respondent: Josuah Okle Odai; Defendant/respondent: Harriet Tsotso Odai
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 March 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed
Legal Topics
Capacity of Beneficiaries, Vesting Assent, Preservation of Estate, Powers of Executors, Public Policy in Estate Administration
Source Language
English
Succession Law Property Law Civil Procedure Capacity of Beneficiaries Vesting Assent Preservation of Estate Powers of Executors Public Policy in Estate Administration

Case Brief

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Parties

Charlotte Anum

Plaintiff/appellant

Grace Annum

Plaintiff/appellant

Cecilia Akosua Opare

Plaintiff/appellant

The High Court Registrar, Accra

Defendant/respondent

Yorke Properties

Defendant/respondent

Gold Coast Securities

Defendant/respondent

Biney Impex Ltd.

Defendant/respondent

Fatima Yakubu Biney

Defendant/respondent

George Afotey Odai

Defendant/respondent

Christiana Aforkor

Defendant/respondent

Josuah Okle Odai

Defendant/respondent

Harriet Tsotso Odai

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether beneficiaries without vesting assent have capacity to sue to protect estate property
  2. 2 Whether strict interpretation of Administration of Estates Act should bar beneficiaries from acting to preserve estate
  3. 3 Whether lower courts erred in dismissing action for lack of capacity

Ratio Decidendi

In circumstances where executors have abandoned their duties and estate property is at risk of dissipation or illegal disposal, beneficiaries with an interest in the property have capacity to sue to protect and preserve the estate, even without a vesting assent. Strict interpretation of the Administration of Estates Act should not defeat the purpose of preserving the estate and would be contrary to public policy.

Court Disposition

appeal allowed

Orders

  • Decision of the Court of Appeal reversed
  • Case restored to the cause list for trial on its merits