DANKWAH VRS. ATAKORAH AND ANOTHER (PA/177/2019) [2024] GHAHC 33 (22 April 2024)

DANKWAH VRS. ATAKORAH AND ANOTHER (PA/177/2019) [2024] GHAHC 33 (22 April 2024)

The 1st Defendant is the biological child of the late Frank Atakorah, as established by credible oral and documentary evidence, public acknowledgment, and the Plaintiff's own conduct in jointly applying for letters of administration. The Plaintiff failed to discharge the burden of proof to the contrary. The 1st Defendant is entitled to a share in the deceased's estate under the law of intestate succession.

Citation
DANKWAH VRS. ATAKORAH AND ANOTHER (PA/177/2019) [2024] GHAHC 33 (22 April 2024)
Parties
Plaintiff: Margaret Dankwah; 1st Defendant: Jacinta Atakorah a.k.a Jacinta Yeboah; 2nd Defendant: International Federation of Women
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 April 2024
Procedural Posture
Probate/letters of Administration / Final Judgment After Trial
Outcome
Plaintiff's claim dismissed; judgment for 1st Defendant on counterclaim.
Legal Topics
Paternity Dispute, Intestate Succession, Burden of Proof, Estoppel by Conduct, Letters of Administration
Source Language
eng
Family Law Succession Law Evidence Paternity Dispute Intestate Succession Burden of Proof Estoppel by Conduct Letters of Administration

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Parties

Margaret Dankwah

Plaintiff

Jacinta Atakorah a.k.a Jacinta Yeboah

1st Defendant

International Federation of Women

2nd Defendant

Procedural Posture

Probate/letters of Administration / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 1st Defendant is the biological child of the late Frank Atakorah and entitled to a share in his estate
  2. 2 Whether the Plaintiff raised a valid objection to the grant of letters of administration to the 1st Defendant
  3. 3 Whether the baptismal certificate is conclusive evidence of paternity

Ratio Decidendi

The 1st Defendant is the biological child of the late Frank Atakorah, as established by credible oral and documentary evidence, public acknowledgment, and the Plaintiff's own conduct in jointly applying for letters of administration. The Plaintiff failed to discharge the burden of proof to the contrary. The 1st Defendant is entitled to a share in the deceased's estate under the law of intestate succession.

Court Disposition

Plaintiff's claim dismissed; judgment for 1st Defendant on counterclaim.

Orders

  • Declaration that 1st Defendant is the biological daughter of the late Frank Atakorah.
  • Declaration that 1st Defendant is entitled to a share in the estate of the deceased in accordance with law.