[2020]DLSC9896 • October 28, 2020 • Supreme Court •
LESLIE NARTEY MARBELL AND DUDLEY NARTEY MARBELL vs. SALAMATU MARBELL
The appellant, Salamatu Marbell, widow of Victor Adolphus Tsate Marbell, claimed sole ownership of House No. 29 Mensah Wood Street, East Legon, based on a deathbed gift from her late husband, who died intestate in 2009. The respondents, biological sons of the deceased by different women, contended the property was family property and that the appellant had no right to sole ownership or to administer the estate without involving the family. The appellant had obtained Letters of Administration to administer the estate in Ghana. The respondents sued to revoke the Letters and assert their interest in the property.
read moreJUDGMENT BY DORDZIE (MRS.) JSC:- Facts: The appellant Mrs. Salamatu Marbell is the widow of Victor Adolphus Tsate Marbell. The couple were the joint owners of House Number 29 Mensah Wood Street East Legon. In 1982, the couple migrated to England where they both acquired citizenship. They never came back to Ghana until Mr. Marbell died intestate on 7th February 2009. The appellant per an attorney applied and obtained Letters of Administration to administer the estate of her late husband here in Ghana. Her position is that the late husband made a deathbed gift of his interest in N0. 29 Mensah Wood Street to her; therefore, she is the sole owner of the said property The respondents are biological sons of Mr. Marbell (deceased) by different women. They maintain the property, No.29 Mensah Wood Street is family property and they have interest in the property as well. The appellant therefore has no right to obtain Letters of Administration without involving the family and cannot claim sole ...