ESTHER KUDZORDZIE vs. MAJOR NELSON AGBEKO

The Plaintiff, Esther Kudzordzie, claimed to have been customarily adopted as an infant by the deceased, Mercy Amitor Agbeko, who had no children of her own. The Plaintiff alleged that the adoption was with the consent of her biological parents and witnessed by family members, including a customary ceremony involving symbolic presentation of schnapps. The Plaintiff lived with the deceased from infancy until the deceased's death in 2005, was introduced as her daughter at her marriage, and took charge of the deceased's burial and funeral. The Defendant, Major Nelson Agbeko, denied the adoption, asserting that the Plaintiff was sent to live with the deceased at age eight due to financial difficulties of her biological mother, and that adoption is a taboo in their Klikor traditional area. The Defendant also denied that the deceased was married to Stephen Nuworku at her death and disputed the Plaintiff's interest in the deceased's estate.

On 1st April 2008, the Plaintiff caused Writ of Summons to be issued against the Defendant for a declaration that having been customarily adopted by the deceased, Mercy Amitor Agbeko Plaintiff is entitled to succeed deceased’s estate according to PNDC LAW 111. The Defendant entered appearance on 24th April 2008 and went on to file his Statement of Defence in which he denied the claim of the Plaintiff that she was adopted by the deceased. She is, therefore, not entitled to succeed the estate of the deceased. Pursuant to an order of the Court, the Plaintiff filed an Amended Statement of Claim on 3rd March 2010 and on 12th March, the Defendant filed Statement of Defence to the Amended Statement of Claim. In the Amended Statement of Claim the Plaintiff avers that the Defendant is her uncle. She says she was born to Mansah Dzisah and Livingstone Kudzordzi on 1st April 1977 and six months after her birth she was customarily adopted by Mercy Amitor Agbeko (deceased) who was the matern.....