Hammond & Anor Vrs Hammond & Anor [2023] GHASC 53 (15 March 2023)

Hammond & Anor Vrs Hammond & Anor [2023] GHASC 53 (15 March 2023)

The Supreme Court found that the administrator's adoption of the prior distribution was proper, the distribution was fair and equitable, the Letters of Administration were regularly obtained, and the appellants failed to prove fraud or any reason to disturb the concurrent findings of the lower courts.

Citation
[2023] GHASC 53
Parties
Defendant/appellant: Charlotte Aduley Hammond; Defendant/appellant: Yoonyaki Adjatey; Plaintiff/respondent: Dr. Edmund Adukwie Hammond (suing per his lawful attorney Seth Sabang Hammond); Plaintiff/respondent: Seth Sabang Hammond (deceased)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 March 2023
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Intestate Succession, Administration of Estates, Equitable Distribution, Letters of Administration, Fraud Allegations
Source Language
English
Succession Law Property Law Civil Procedure Intestate Succession Administration of Estates Equitable Distribution Letters of Administration Fraud Allegations

Case Brief

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Parties

Charlotte Aduley Hammond

Defendant/appellant

Yoonyaki Adjatey

Defendant/appellant

Dr. Edmund Adukwie Hammond (suing per his lawful attorney Seth Sabang Hammond)

Plaintiff/respondent

Seth Sabang Hammond (deceased)

Plaintiff/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether an administrator may adopt a prior distribution made before appointment
  2. 2 What constitutes fair and equitable distribution of an intestate estate
  3. 3 Whether Letters of Administration were obtained by fraud

Ratio Decidendi

The Supreme Court found that the administrator's adoption of the prior distribution was proper, the distribution was fair and equitable, the Letters of Administration were regularly obtained, and the appellants failed to prove fraud or any reason to disturb the concurrent findings of the lower courts.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal and High Court affirmed
  • All reliefs sought by the appellants are denied