DANKWAH VRS ATAKORAH (PA/177/2019) [2024] GHAHC 35 (22 April 2024)

DANKWAH VRS ATAKORAH (PA/177/2019) [2024] GHAHC 35 (22 April 2024)

On balance of probabilities, the evidence established that 1st Defendant is the biological child of the late Frank Atakorah, based on family recognition, change of surname, inclusion in obituary, and Plaintiff's conduct in jointly applying for letters of administration. 1st Defendant is entitled to a share in the estate under intestate succession law.

Citation
DANKWAH VRS ATAKORAH (PA/177/2019) [2024] GHAHC 35 (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, Intestate Succession, Burden of Proof, Estoppel, Parentage Recognition
Source Language
eng
Family Law Succession Law Evidence Paternity Intestate Succession Burden of Proof Estoppel Parentage Recognition

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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 1st Defendant is the biological child of the late Frank Atakorah
  2. 2 Whether 1st Defendant is entitled to a share in the estate of the deceased
  3. 3 Whether Plaintiff raised objection to grant of letters of administration jointly to her and 1st Defendant

Ratio Decidendi

On balance of probabilities, the evidence established that 1st Defendant is the biological child of the late Frank Atakorah, based on family recognition, change of surname, inclusion in obituary, and Plaintiff's conduct in jointly applying for letters of administration. 1st Defendant is entitled to a share in the estate under intestate succession law.

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 her late father in accordance with law.