IBRAHIM & 4 OTHERS. VRS IBRAHIM & ANOTHER. (A2/58/23) [2024] GHADC 377 (27 February 2024)

IBRAHIM & 4 OTHERS. VRS IBRAHIM & ANOTHER. (A2/58/23) [2024] GHADC 377 (27 February 2024)

The Letters of Administration were not obtained by fraud or deceit; the administrator properly distributed the estate and accounted for assets; intermeddling cannot be prosecuted by private persons; the only outstanding duty is vesting the properties in the beneficiaries, which the sole defendant must complete within two months. Property no. KU 286, Tamale, cannot be sold without the beneficiaries' consent.

Citation
IBRAHIM & 4 OTHERS. VRS IBRAHIM & ANOTHER. (A2/58/23) [2024] GHADC 377 (27 February 2024)
Parties
Plaintiffs: Abdullah Ibrahim & 4 Ors.; 1st Defendant: Masahudu Ibrahim; 2nd Defendant: Alhaji Taudi Sani Mahama (deceased)
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 February 2024
Procedural Posture
Probate/intestate Succession / Judgment After Trial
Outcome
Plaintiffs' claims largely dismissed except for vesting assent; sole defendant to complete vesting assent within two months; no order as to costs.
Legal Topics
Letters of Administration, Intestate Succession, Administrator's Duties, Vesting Assent, Intermeddling, Fiduciary Duty
Source Language
eng
Succession Probate Trusts and Estates Letters of Administration Intestate Succession Administrator's Duties Vesting Assent Intermeddling +1 more

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Parties

Abdullah Ibrahim & 4 Ors.

Plaintiffs

Masahudu Ibrahim

1st Defendant

Alhaji Taudi Sani Mahama (deceased)

2nd Defendant

Procedural Posture

Probate/intestate Succession / Judgment After Trial

Legal Issues

  1. 1 Whether the Letters of Administration dated 7th November, 1988 was obtained by fraud/deceit
  2. 2 Whether the defendants (for that matter the sole defendant) have intermeddled with the estate of the late Alhaji Ibrahim Yahaya
  3. 3 Whether the defendants (for that matter the sole defendant) are to account for the estate so administered

Ratio Decidendi

The Letters of Administration were not obtained by fraud or deceit; the administrator properly distributed the estate and accounted for assets; intermeddling cannot be prosecuted by private persons; the only outstanding duty is vesting the properties in the beneficiaries, which the sole defendant must complete within two months. Property no. KU 286, Tamale, cannot be sold without the beneficiaries' consent.

Court Disposition

Plaintiffs' claims largely dismissed except for vesting assent; sole defendant to complete vesting assent within two months; no order as to costs.

Orders

  • Sole defendant shall be the sole administrator to complete the vesting assent of the properties to the beneficiaries within two months from the date of judgment.
  • No order as to costs.