Ghana Case Law

STELLA MAUREEN SAFOA MGADI VRS YUNUS BASHIRUDEEN KORAY & ANOR. (LD/0586/2022)

STELLA MAUREEN SAFOA MGADI VRS YUNUS BASHIRUDEEN KORAY & ANOR. (LD/0586/2022) [2024] GHAHC 199 (8 May 2024)

Court

ghahc

Plaintiff lacked capacity to sue via attorney without Letters of Administration or representative endorsement; writ was not properly endorsed as required by Order 2 Rule 4 of C.I. 47; suit struck out as a nullity for want of capacity.

Source excerpt

• Capacity to sue
• Representative actions
• Striking out pleadings
• Power of attorney
• Limitation
• Frivolous and vexatious proceedings

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ONASIS AND ANOTHER VRS NDK FINANCIAL SERVICES LIMITED (A2/096/23)

ONASIS AND ANOTHER VRS NDK FINANCIAL SERVICES LIMITED (A2/096/23) [2024] GHADC 15 (15 February 2024)

Court

ghadc

The court held that the plaintiffs proved their capacity as administrators and ordered NDK Financial Services to pay the matured investment sum, interest, damages, and costs.

• Breach of contract
• Investment recovery
• Capacity to sue
• Damages
• Interest on judgment debt
• Breach-of-contract

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Republic Vrs Darke Ex Parte Darke (E12/40/2023)

Republic Vrs Darke Ex Parte Darke (E12/40/2023) [2024] GHAHC 290 (15 February 2024)

Court

ghahc

Applicant, as a beneficiary of the estate, has capacity to bring contempt proceedings; the motion to strike out is misconceived and dismissed.

Source excerpt

• Capacity to bring contempt proceedings
• Beneficiary rights
• Variation of letters of administration

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SALIA VRS. SALIA AND OTHERS (PA/0160/2023)

SALIA VRS. SALIA AND OTHERS (PA/0160/2023) [2024] GHAHC 108 (13 February 2024)

Court

ghahc

The defendant, by filing a defence and counterclaim before raising any objection to venue, waived the right to object to the jurisdiction of the court, and the application challenging jurisdiction is dismissed.

Source excerpt

• Jurisdiction
• Venue objection
• Waiver of objection
• Counterclaim
• Trustee removal

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FITTOCK & ANOR VS MCRONNEY & ORS (PA/0186/2024)

FITTOCK & ANOR VS MCRONNEY & ORS (PA/0186/2024) [2024] GHAHC 36 (17 January 2024)

Court

ghahc

The High Court granted an interlocutory injunction to preserve the late Charlotte Fittock’s estate, finding serious issues for trial and favoring the status quo.

• Interlocutory injunction
• Letters of administration
• Estate distribution
• Preservation of property
• Interlocutory-injunction
• Probate

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CRANKSON VS BIBAH (PA/0872/2023)

CRANKSON VS BIBAH (PA/0872/2023) [2024] GHAHC 38 (9 January 2024)

Court

ghahc

The deceased died testate and the estate is subject to the Will. Sections 1 and 2 of Act 63 are inapplicable. Preservation of the estate is necessary, but the customary successor is the last in order of priority. Appointment of administrator pendente lite is more appropriate to represent all interests. Defendant/Applicant's motion is refused and dismissed.

Source excerpt

• Validity of will
• Preservation of estate
• Appointment of administrator pendente lite

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Deliman Vrs Deliman & Another

Deliman Vrs Deliman & Another [2023] GHADC 471 (16 February 2023)

Court

District Court

The court revoked letters of administration granted to the defendants and regranted them to the plaintiff and two other beneficiaries, ordering distribution under PNDCL 111.

• Revocation of letters of administration
• Intestate succession
• Fiduciary duty of administrators
• Distribution of estate
• Revocation-of-letters-of-administration
• Intestate-succession

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FAUSTINA DOKU VRS KATE FRIMPONG MANSO 2. DORA AMOAKO (C4/12/2022)

FAUSTINA DOKU VRS KATE FRIMPONG MANSO 2. DORA AMOAKO (C4/12/2022) [2022] GHACC 293 (28 October 2022)

Court

Circuit Court

Case number

C4/12/2022

The Circuit Court held it had jurisdiction over the landlord-tenant dispute, rejected lis alibi pendens, dismissed the preliminary objections, and allowed 14 days to file a defence.

• Eviction
• Recovery of possession
• Rent arrears
• Jurisdiction
• Lis alibi pendens
• Landlord-tenant

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