Agbleke Vrs Agbleke and Another [2022] GHAHC 25 (18 November 2022)

Agbleke Vrs Agbleke and Another [2022] GHAHC 25 (18 November 2022)

The Plaintiff, by virtue of long cohabitation, joint property acquisition, public recognition, and family conduct, is deemed the surviving spouse of the deceased under customary law, entitling her to share in the estate and participate in administration.

Citation
[2022] GHAHC 25
Parties
Plaintiff: Sophia Agbleke; 1st Defendant: Charles Agbleke; 2nd Defendant: Dennis Ambrose Agbleke
Court
High Court
Jurisdiction
Ghana
Judgment Date
18 November 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claims substantially allowed; Plaintiff declared surviving spouse; Letters of Administration set aside; Plaintiff to join new application; Defendants to account for estate proceeds; no general damages; no order as to costs.
Legal Topics
Customary Marriage, Intestate Succession, Letters of Administration, Estate Administration, Spousal Rights
Source Language
English
Family Law Succession Law Customary Marriage Intestate Succession Letters of Administration Estate Administration Spousal Rights

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Parties

Sophia Agbleke

Plaintiff

Charles Agbleke

1st Defendant

Dennis Ambrose Agbleke

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff was customarily married to the deceased
  2. 2 Whether the properties of the deceased should be shared to all lawful beneficiaries including the Plaintiff in accordance with the intestate succession law
  3. 3 Whether the Plaintiff should be added as an administrator in respect of the estate of the deceased

Ratio Decidendi

The Plaintiff, by virtue of long cohabitation, joint property acquisition, public recognition, and family conduct, is deemed the surviving spouse of the deceased under customary law, entitling her to share in the estate and participate in administration.

Court Disposition

Plaintiff's claims substantially allowed; Plaintiff declared surviving spouse; Letters of Administration set aside; Plaintiff to join new application; Defendants to account for estate proceeds; no general damages; no order as to costs.

Orders

  • Declaration that Plaintiff is the surviving spouse of the late John Agbleke
  • Letters of Administration granted to Defendants on 7th December 2015 set aside