[2016]DLSC5612 • November 19, 2016 • Supreme Court •
AKUA MARFOA vs. MARGARET AKOSUA AGYEIWAA
The appellant, Akua Marfoa, claimed reasonable provision from the estate of the deceased testator, asserting she was a spouse entitled to maintenance and provision. The testator's will made provision for the respondent and her six children and for the appellant's three children but did not provide for the appellant herself. The appellant alleged hardship due to lack of provision, particularly concerning accommodation when visiting her village Akokoaso.
read moreBAFFOE-BONNIE JSC: This is an appeal by the Appellant/ Respondent/ Appellant (hereinafter, Appellant) against the decision of the Court of Appeal, allowing the appeal from the judgment of the High Court in Accra, dated the 25th day of February, 2006. The judgment against which this appeal is brought was delivered on 31st March 2006. The facts are fairly simple and generally uncontroverted. The Appellant and the Respondent were both married to the late George Asare Ntim who died testate on 15th July, 1995. The will of the deceased was read in 1995. Under the will, the testator gave the respondent and her six children, jointly, a house at Mateheko in Accra known as Number B262/15 West Abossey Okai; two thirds of his farm at Odwaa near Akokoaso and a portion of his house also at Odwaa. The testator also gave three rooms in his house at Odwaa and a third of his farm at Odwaa to his three children which he had with the appellant. The testator did not make any provision for the appella...