[1975]DLHC395 • July 30, 1975 • High Court
IN RE SASU-TWUM (DECD.); SASU-TWUM vs. TWUM
The plaintiff, widow of the deceased Solomon Sasu-Twum, sought declarations regarding her and her children's rights to certain properties of the deceased who died intestate. The deceased was survived by his parents, four minor sons, and the plaintiff. The dispute arose over the ownership and distribution of goods in a shop and six houses left by the deceased. The plaintiff claimed a partnership interest in the shop business based on an unregistered partnership agreement and contended that two houses were held in trust for the eldest son. The defendant, the deceased's father and customary successor, denied the partnership and claimed all properties as part of the estate.
read moreJUDGMENT OF ABBAN J. The plaintiff, by her originating summons, submitted six questions for determination, and prayed that the court may make declarations as to her rights and those of her children in respect of certain properties of which her deceased husband died intestate. She also asked for directions on the distribution of the said estate of her husband. The facts of the case which were not in dispute are as follows: The plaintiff and her husband, the late Solomon Sasu-Twum, were on 24 July 1958 married under the Marriage Ordinance, Cap. 127 (1951 Rev.), at the Holy Trinity Cathedral, Accra. After the marriage they set up their matrimonial home in Accra. The husband died intestate on 4 August 1973. He was survived by both parents, four sons of the marriage and the plaintiff. The father, who claimed to have been appointed the customary successor of his deceased son, is the defendant in the present proceedings. As at the date when the originating summons herein wa...