STARCHYS SAVADOGO vs. JOHN ASSUMAN

RULING The position of Ghanaian law was settled that executors and administrators are the proper people to sue and be sued in respect of the estate of a deceased person. Beneficiaries of an estate had no capacity to sue or be sued. In Okyere (decd) (substituted by Peprah) v Appenteng & Adomaa (J4 17 of 2008) [2011] GHASC 33 (23 November 2011), Date-Bah JSC amplified the position of the law at the time when he held as follows: “When a person dies testate or intestate, his estate devolves on the executor or personal representatives until a vesting assent has been executed to the beneficiaries or devisee; and until the grant to them of the vesting assent, the beneficiaries and devisees have no title or locus standi over any portion of the estate.” However, in Adisa Boya vs. Zenabu Mohammed (Substituted by Adama Mohammed) and Mujeeb [2018] DLSC 4225, the Supreme Court per Gbadegbe JSC in holding 3 held: “Under the rules on intestacy contained in section 4(1) of PNDCL 111, follow...