Addai Vrs Adoma And 4 Others (LC/132/98) [2022] GHACC 319 (26 October 2022)

Addai Vrs Adoma And 4 Others (LC/132/98) [2022] GHACC 319 (26 October 2022)

Both the plaintiff and the 5th defendant were customarily married to the late Charles Oppong Mensah at the time of his death and are entitled to a share of his estate under PNDCL 111. The plaintiff is recognized as a widow and entitled to the reliefs claimed. The 5th defendant is not the sole widow but is also entitled to a share.

Citation
[2022] GHACC 319
Parties
Plaintiff: Faustina Addai; Defendant: Ama Adoma; Defendant: Akua Brayie; Defendant: Ataa; Defendant: Mr. Adomako (Deceased); Defendant/counterclaimant: Leticia Berko
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Case Number
LC/132/98
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; 5th defendant's first counterclaim allowed, second counterclaim dismissed; no order as to costs.
Legal Topics
Intestate Succession, Customary Marriage, Widow's Rights, Distribution of Estate
Source Language
English
Succession Family Law Property Law Intestate Succession Customary Marriage Widow's Rights Distribution of Estate

Case Brief

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Parties

Faustina Addai

Plaintiff

Ama Adoma

Defendant

Akua Brayie

Defendant

Ataa

Defendant

Mr. Adomako (Deceased)

Defendant

Leticia Berko

Defendant/counterclaimant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is a wife and consequently a widow of the deceased Charles Oppong Mensah
  2. 2 Whether the defendants and their family recognized the plaintiff as a wife and widow of the deceased
  3. 3 Whether the plaintiff is entitled to the reliefs claimed

Ratio Decidendi

Both the plaintiff and the 5th defendant were customarily married to the late Charles Oppong Mensah at the time of his death and are entitled to a share of his estate under PNDCL 111. The plaintiff is recognized as a widow and entitled to the reliefs claimed. The 5th defendant is not the sole widow but is also entitled to a share.

Court Disposition

Plaintiff's claim allowed; 5th defendant's first counterclaim allowed, second counterclaim dismissed; no order as to costs.

Orders

  • Registrar to ensure the estate of the late Charles Oppong Mensah is distributed in accordance with PNDCL 111
  • Plaintiff entitled to reliefs as endorsed on the writ of summons