Dadeboe And 3 Others Vrs Nartey-Tokoli And 3 Others (C8/22/2023) [2024] GHACC 303 (15 November 2024)

Dadeboe And 3 Others Vrs Nartey-Tokoli And 3 Others (C8/22/2023) [2024] GHACC 303 (15 November 2024)

Applicants failed to provide proof of estate value exceeding jurisdictional limit and did not challenge the grant of letters of administration; evidence supports forum shopping and abuse of process; application for stay and transfer refused.

Citation
Dadeboe And 3 Others Vrs Nartey-Tokoli And 3 Others (C8/22/2023) [2024] GHACC 303 (15 November 2024)
Parties
Plaintiff/applicant: Richard Ofotsu Dadeboe; Plaintiff/applicant: Rejoice Dadaboe; Plaintiff/applicant: Regina Dadeboe; Plaintiff/applicant: Mavis Dadeboe; Defendant/respondent: Theodore Buerteye Nartey-Tokoli; Defendant/respondent: Kofi Bentsi Bentsil Esq.; Defendant/respondent: Cecilia Rabina Bentil
Court
ghacc
Jurisdiction
Ghana
Judgment Date
15 November 2024
Procedural Posture
Civil / Ruling on Application for Stay and Transfer
Outcome
application refused
Legal Topics
Jurisdiction, Letters of Administration, Estate Valuation, Forum Shopping, Abuse of Process
Source Language
eng
Succession Property Civil Procedure Jurisdiction Letters of Administration Estate Valuation Forum Shopping Abuse of Process

Case Brief

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Parties

Richard Ofotsu Dadeboe

Plaintiff/applicant

Rejoice Dadaboe

Plaintiff/applicant

Regina Dadeboe

Plaintiff/applicant

Mavis Dadeboe

Plaintiff/applicant

Theodore Buerteye Nartey-Tokoli

Defendant/respondent

Kofi Bentsi Bentsil Esq.

Defendant/respondent

Cecilia Rabina Bentil

Defendant/respondent

Procedural Posture

Civil / Ruling on Application for Stay and Transfer

Legal Issues

  1. 1 Whether the Circuit Court has jurisdiction based on the estate's value
  2. 2 Whether the applicants are entitled to a stay and transfer to the High Court
  3. 3 Whether the applicants have abused court process by multiplicity of suits

Ratio Decidendi

Applicants failed to provide proof of estate value exceeding jurisdictional limit and did not challenge the grant of letters of administration; evidence supports forum shopping and abuse of process; application for stay and transfer refused.

Court Disposition

application refused

Orders

  • Applicants to take legal steps regarding multiple writs
  • Costs of GHC2000.00 awarded against applicants