[1980]DLHC2102 • November 11, 1980 • High Court
BOATENG vs. GYAMFUAA
The plaintiff, as customary successor and administrator of the estate of her deceased brother, Private Hayford Boateng, claimed ownership and possession of his personal effects. The defendant, the lawful wife of the deceased with two minor children, contended she was entitled to the personal effects under the Armed Forces Special Provisions Act and Army regulations. The Army authorities had handed over the personal effects to the defendant following the deceased's death in service.
read moreJUDGMENT OF APATU-PLUNGE J. In this case the plaintiff is claiming against the defendant ownership and recovery of possession of the personal effects of one late Private Hayford Boateng and general damages for trespass to these personal effects. The defendant resisted the claim by contending that as the lawful wife of the Late Private Hayford Boateng and according to the existing law governing the disposal of service estate of servicemen who died intestate in Ghana, she is the person entitled to the ownership of the personal effects of her late husband. This case appears to fall within a very narrow compass and involves the construction and applicability of section 5 of the Armed Forces (Special Provisions) Act, 1964 (Act 234). The facts which are wholly agreed are these: The plaintiff is the customary successor and administrator of the estate of one Private Hayford Boateng formerly of the 2BN, Takoradi and who died intestate in February 1977. At the time of his death the said l...