MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)

MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)

The 2nd Plaintiff proved, on a balance of probabilities, that she was customarily married to the deceased and is a surviving spouse entitled to a share of the estate and to be made co-administratrix. The Defendants failed to prove a valid customary gift of the East Legon property; thus, it and other listed properties form part of the estate. The Plaintiffs have not received their lawful share, and the Defendants must render audited accounts and distribute the estate in accordance with PNDCL 111.

Citation
MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)
Parties
Plaintiff: Fidaws M.O. Moro; Plaintiff: Naa Kwaley Quartey; Defendant: Emelia Ayebio; Defendant: Jasmin Moro; Defendant: Mustapha Mohammed
Court
ghahc
Jurisdiction
Ghana
Judgment Date
12 April 2024
Procedural Posture
Probate and Administration / Judgment
Outcome
Judgment for the Plaintiffs
Legal Topics
Intestate Succession, Customary Marriage, Administration of Estates, Gifts Inter Vivos, Distribution of Estate, Letters of Administration
Source Language
eng
Succession Family Law Property Law Intestate Succession Customary Marriage Administration of Estates Gifts Inter Vivos Distribution of Estate +1 more

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Parties

Fidaws M.O. Moro

Plaintiff

Naa Kwaley Quartey

Plaintiff

Emelia Ayebio

Defendant

Jasmin Moro

Defendant

Mustapha Mohammed

Defendant

Procedural Posture

Probate and Administration / Judgment

Legal Issues

  1. 1 Whether the 2nd Plaintiff was a surviving spouse of the deceased and entitled to a share of the estate and to be made co-administratrix
  2. 2 Whether certain properties (including House AC 25 Codco Creek Street East Legon, five stores at Dr Mensah Kumasi, and others) form part of the estate of the deceased
  3. 3 Whether the Plaintiffs have received their lawful share of the estate since the grant of letters of administration

Ratio Decidendi

The 2nd Plaintiff proved, on a balance of probabilities, that she was customarily married to the deceased and is a surviving spouse entitled to a share of the estate and to be made co-administratrix. The Defendants failed to prove a valid customary gift of the East Legon property; thus, it and other listed properties form part of the estate. The Plaintiffs have not received their lawful share, and the Defendants must render audited accounts and distribute the estate in accordance with PNDCL 111.

Court Disposition

Judgment for the Plaintiffs

Orders

  • Declaration that the 2nd Plaintiff is a surviving spouse and, with the 1st Plaintiff, entitled to a share of the estate.
  • 2nd Plaintiff may apply to be joined as co-administratrix in the court of original grant.