[2018]DLHC4037 • April 10, 2018 • High Court
MRS. MATILDA AKU OBENG AND EMEFA YAA EGBENYA-OBENG vs. ATTORNEY GENERAL AND 3 OTHERS
The case concerns the variation of the Nomination Paper DFA 400 of the late Air Commodore Emmanuel Kofi Obeng by the Director of Estates of the Ghana Armed Forces’ Committee of Adjustment. The Plaintiffs, widow and daughter of the deceased, challenged the inclusion of two additional persons as beneficiaries, alleging the variation was unlawful and without authority. The deceased had nominated four beneficiaries including the widow and two biological daughters. The Defendants contended that the two additional persons were biological children of the deceased, supported by testimonies of witnesses including the mothers of the alleged children. The Plaintiffs denied the paternity and argued the variation was arbitrary and illegal.
read morei. Introduction: [1] In this case, a decision made by the Director of Estates of the Ghana Armed Forces’ Committee of Adjustment in respect of the late Air Commodore Obeng (Deceased), is the centerpiece of this litigation. The Plaintiffs contend that the Committee erred by varying the Nomination Form, DFA 400 to add persons who were not listed as beneficiaries by the deceased. The court is called upon to consider among other things, whether the Director of Estates has the right to vary the DFA 400 of the deceased. [2] Per a writ of summons sealed in this registry on 26th day of September, 2016 the Plaintiffs claimed against the Defendants herein the following judicial reliefs set out here below: a. A Declaration that the 3rd Defendant is not entitled to vary the Nomination Paper (DFA 400) of the Deceased. b. A Declaration that 3rd Defendant’s variation of the Nomination Paper (DFA 400) of the Deceased is arbitrary, unlawful, null and void. c. An Order directed at the Defe...