MARGARET YANKAH AND INI AND ENO UBOH vs. THE REGISTRAR HIGH COURT, SEKONDI AND MRS. EMMA UBOH

The case concerns the intestate estate of Peter Asuquo Uboh, a Nigerian resident in Ghana who died intestate on 2 December 1989, survived by his widow Mrs. Emma Uboh and children including Gloria Ade Uboh (deceased daughter of the first plaintiff), and Ini and Eno Uboh (infants suing per next friend). The widow was pregnant at the time of death and later gave birth to Petrina Uboh. There was protracted litigation over the estate, culminating in a Supreme Court order directing administrators to wind up the estate and distribute it according to P.N.D.C. Law 111. The estate was distributed by the Registrar without consideration for Gloria Ade Uboh's estate, who had died before distribution but after the intestate's death. The plaintiffs challenged this distribution, claiming Gloria was entitled to a share.

KUSI-APPIAH, J.A. : This appeal turns on the correct interpretation to place on Section 5 (1) of the Intestate Succession Act, 1985 (P.N.D.C.L. 111). There are other ancillary matters too. The Section provides that: “ 5(1) Where the intestate is survived by a spouse and by a child the residue of the estate shall devolve in the following manner : (a) three-sixteenth to the surviving spouse, (b) nine-sixteenth to the surviving child, (c) one-eight to the surviving parent, (d) one-eight in accordance with customary law.” The appellants contend that by this provision the child who survived the father but died before distribution of the estate is entitled to a portion of her deceased father’s estate. The second respondent contends otherwise. This is the bone of contention in this appeal but as I said earlier there are other grounds of appeal which will be unfolded shortly...