[2016]DLCA7989 • April 14, 2016 • Court of Appeal
THE ESTATE OF GIDEON ADOFO-KORANTENG BRIDGET ADOFO-KORANTENG vs. EDWIN EFFAH & 6 ORS
The appellant, Bridget Adofo-Koranteng, the surviving spouse of the late Gideon Adofo-Koranteng, applied for reasonable provision for herself and her minor daughter, Anita Adofo-Koranteng, out of the deceased’s estate under article 22 and article 28 of the 1992 Constitution and section 13 of the Wills Act, 1971 (Act 360). She sought, among other reliefs, an order varying the will so that the deceased’s three-storey building at Frafraha would be given to her and Anita, together with a larger share of the deceased’s death benefits and bank funds. The deceased had died testate on 21 June 2014, leaving a will dated 20 June 2014. Under the will, the appellant was given a two-bedroom self-contained apartment forming part of the deceased’s house at Nkawkaw, while the rest of the properties, including the Frafraha building, Mercedes Benz saloon car, bank monies, and residual estate, were given to all six children, including Anita, in equal shares. The appellant contended that she had contributed to the construction of the Frafraha property through a business she and the deceased operated together and that the provision made for her and her minor daughter was not reasonable. [Portions relied on: opening paragraphs setting out the reliefs sought; the reproduced will at pages 7–8 of the Record of Appeal; and the paragraph beginning “It is the case of the Appellant that when she met the Testator...”].
read moreWELBOURNE (MRS), J.A. This is an appeal against the ruling of the High Court dated 28th June 2015. The Appellant in this appeal is Mrs. Bridget Adofo–Koranteng whilst the Respondents are the Executors and five (5) children of the late Gideon Adofo - Koranteng. The Appellant, Bridget Adofo-Koranteng who is the surviving spouse of the late Gideon Adofo-Koranteng is seeking the intervention of the court for an order of reasonable provision for herself and of her child from the estate of her late husband under Article 22 and 28 of the 1992 Constitution and Section 13 of the Wills Act, Act 360. She further prayed the court to order that the three Storey building at Frafraha be given to her and her seven year old daughter, Anita Adofo-Koranteng. The late Gideon Adofo-Koranteng was a retired Chief Inspector of the Ghana Police Service who died testate on 21st June, 2014 and is survived by a wife and six children. The Will of the Testator is dated 20th June, 2014 made a day before he .....