KWADWO OSEI TUFFOUR vs. MADAM EVA YEBOAH

The plaintiff, a co-executor of the will of the late Kwadwo Owusu Afriyie, sued for an order compelling the defendant, the deceased’s surviving spouse, to give vacant possession of House No. 18, West Ashiyie, Accra, which the will devised to the deceased’s biological children. The defendant resisted the claim and counterclaimed for reasonable provision from the estate, contending that the testamentary benefits left to her—namely balances in the deceased’s bank accounts and shares in Sekyere Rural Bank—were inadequate for her maintenance and that she had no alternative accommodation. The judgment records that the defendant had lived with the deceased in the property throughout the marriage and had given up her trading business to care for him during illness. Portion of judgment: “Ever since their marriage in 2010, the Defendant had lived together with the testator in H/No.18 West Ashiyie… The Defendant counterclaimed for reasonable provision to be made for her from the estate of the testator and an order directed at the executors to account for the balances left in the testator’s bank accounts in Ghana.”

On 25th March 2017, the Kwadwo Owusu Afriyie died testate. The Plaintiff together with Mr. Dapaa Siakwan were named as co-executors under the testator’s will. The Defendant is the testator’s surviving spouse. Ever since their marriage in 2010, the Defendant had lived together with the testator in H/No.18 West Ashiyie. Under the testator’s will, the said property was bequeathed to the testator’s biological children; all of who whom are adults. Under the same will, the Defendant, being the surviving spouse of the testator, was bequeathed balances in the testator’s bank accounts in Ghana, together with shares in Sekyere Rural Bank. In a bid to execute the will, the executors demanded that the Defendant quit the property. The Defendant communicated to the executors her inability to quit because she had no alternative accommodation and had also not received all monies due her under the will. Plaintiff on 15th March 2019 filed a writ of summons for an order directed at the Defend...