CHARLOTTE ADULEY HAMMOND AND YOONYAKI ADJATEY vs. DR. EDMUND ADUKWEI HAMMOND AND SETH SABANG HAMMOND

JUDGMENT AMADU JSC INTRODUCTION (1) My Lords, this appeal invites us to consider and determine two principal issues relative to the law on the administration of the estate of a deceased intestate prior to the enactment of the Intestate Succession Act, 1985 (PNDCL 111). The first issue beggars answer to the question whether it is permissible for an administrator to adopt an earlier distribution made by another prior to his appointment as administrator ; and secondly, what amounts to fair and equitable distribution, for the purposes of the administration of the estate of a deceased? This latter issue is more germane, having regard to the absence or inadequacy of a legislative framework as provided under PNDCL 111. BACKGROUND AND FACTS (2) Samuel Armah Hammond died intestate sometime in 1972. In his lifetime, he was married to three wives -Madam Theresa Lamiley Lamifio; Madam Korkor Dinsey and Madam Larkai Adegyan. These wives bore him 12 children including the Plaintiffs, the 1st...