RODRIGUES AND OTHERS VRS. HORATIO AND ANOTHER (PA /136/2022) [2024] GHAHC 32 (15 April 2024)

RODRIGUES AND OTHERS VRS. HORATIO AND ANOTHER (PA /136/2022) [2024] GHAHC 32 (15 April 2024)

The 1992 distribution of the estate was valid under the customary law applicable at the time of death in 1983. Plaintiffs' Letters of Administration were revoked for failure to distribute the estate within the statutory period, acting in excess of their duties, and concealing material facts. The estate is to be distributed per the 1992 and 2004 family agreements.

Citation
RODRIGUES AND OTHERS VRS. HORATIO AND ANOTHER (PA /136/2022) [2024] GHAHC 32 (15 April 2024)
Parties
Plaintiff: Fulgencio Rodrigues; Plaintiff: Sidonnie Rodrigues; Plaintiff: Leontine Rodrigues; Defendant: Kofi Horatio; Defendant: Catherine Rodrigues
Court
ghahc
Jurisdiction
Ghana
Judgment Date
15 April 2024
Procedural Posture
Contentious Probate and Estate Action / Final Judgment After Trial
Outcome
Plaintiffs' claims dismissed; judgment for 2nd Defendant on counterclaim.
Legal Topics
Intestate Succession, Letters of Administration, Revocation of Grant, Distribution of Estate, Customary Inheritance, Administrator's Duties
Source Language
eng
Succession Law Probate and Administration Customary Law Intestate Succession Letters of Administration Revocation of Grant Distribution of Estate Customary Inheritance +1 more

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Parties

Fulgencio Rodrigues

Plaintiff

Sidonnie Rodrigues

Plaintiff

Leontine Rodrigues

Plaintiff

Kofi Horatio

Defendant

Catherine Rodrigues

Defendant

Procedural Posture

Contentious Probate and Estate Action / Final Judgment After Trial

Legal Issues

  1. 1 Whether the late Leonard Rodrigues died intestate
  2. 2 Whether the family consented to the Plaintiffs being appointed as administrators
  3. 3 Whether the Plaintiffs are duly appointed administrators

Ratio Decidendi

The 1992 distribution of the estate was valid under the customary law applicable at the time of death in 1983. Plaintiffs' Letters of Administration were revoked for failure to distribute the estate within the statutory period, acting in excess of their duties, and concealing material facts. The estate is to be distributed per the 1992 and 2004 family agreements.

Court Disposition

Plaintiffs' claims dismissed; judgment for 2nd Defendant on counterclaim.

Orders

  • Revocation of Letters of Administration issued to Plaintiffs on 31st July 2017.
  • Plaintiffs to furnish 2nd Defendant with audited accounts of estate administration within three months, certified by a CA Ghana registered auditor.