[2015]DLCA8411 • November 22, 2015 • Court of Appeal
DAVID AKWASI KUFUOR AND 9 OTHERS vs. MRS. COMFORT JOYCE WEREKO-BROBBEY, DAVID GYAU KUFUOR AND BEN KUFUOR
The suit concerns the estate of the late Benard Mensah Kufuor who died in 1976. The plaintiffs, children from two marriages of the deceased, challenged the authority and administration of the defendants, who are administrators/trustees of the estate. The deceased executed two Wills: a Ghana Will in May 1964 covering Ghanaian properties, and a London Will in October 1964 revoking all former Wills but covering properties outside Ghana. Probate was granted on the Ghana Will, while administrators were appointed in England for the London Will. The estate has been distributed according to these Wills, with beneficiaries in quiet possession. The plaintiffs contend that the London Will revoked the Ghana Will, rendering the deceased intestate in respect of Ghanaian properties, and seek declarations and orders regarding distribution and accountability of the estate.
read moreAYEBI, JA 1. This suit is in respect of the estate of Benard Mensah Kufuor who died on 23rd March 1976 in London. The suit in the main challenges the authority of the defendants described as administrators of the estate and the administration as a whole. The plaintiffs/appellants are all children of the Ordinance marriage of the deceased. The mother of the 1st to 3rd plaintiffs/appellants (hereinafter called plaintiffs), Mrs. Sarah Kufuor was divorced by the deceased. He later married Mrs. Justina Kufuor who was the mother of the 4th to 10th plaintiffs. All these children as well as the Mrs. Justina Kufuor survived the deceased. 2. The 1st defendant/respondent is a niece of the deceased but the 2nd and 3rd defendants/respondents are also children of the deceased. They are sued as administrators/trustees of the estate of the late Benard Mensah Kufuor. The late Bernard must have been adored with considerable business acumen. This is because from the record, he died possessed of...