[2000]DLCA113 • June 29, 2000 • Court of Appeal
BADU AND OTHERS vs SAH AND ANOTHER
The plaintiffs, surviving spouse and children of the late Nana Okru Barning (Nana Kwame OwusuAnsah), claimed entitlement to a portion of the deceased's estate, including four houses and a cocoa farm, alleging the first defendant (customary successor) had taken possession and distributed the estate excluding them. The defendants contended the deceased died before the Intestate Succession Law (PNDCL 111) came into force and that customary law applied, denying statutory interest to wife and children.
read moreJUDGEMENT Owusu-Ansah JA. Delivered the first judgment of the court at the invitation of Essilfie-Bondzie JA. This is an appeal against the judgment of Her Lordship Justice Sophia Adinyira sitting at the High Court, Koforidua on 25 April 1999. In brief, the facts of the case are that the plaintiff-appellants (hereinafter referred to as the plaintiffs) are the surviving spouse and sons respectively of the late Nana Okru Barning, known in private life as Nana Kwame Owusu-Ansah, chief of Old Tafo in Akim Abuakwa. He died intestate on 14 May 1984. The first defendant-respondent and the second defendant-respondent (hereinafter referred to as the first and second defendants respectively) are customary successor and head of family respectively of the deceased. The plaintiffs’ writ stated as follows: “The plaintiffs’ claim as the spouse and children of the late Nana Okru Barning alias Kwesi Owusu-Ansah against the defendants as the customary successor and head of family re...