AKWASI OPPONG & ANO. vs. YACOUBU MANU & 3 ORS.

The dispute arose over the estate of the late Alhaji Yaw Manu, who died intestate on 27 January 2019. The plaintiffs/respondents, described as principal members of the deceased’s immediate Aduana family of Beposo, claimed that the deceased had inherited wealth from his uncle, Kwaku Tawiah, and that the inherited wealth together with properties later acquired in the deceased’s name were family property. They therefore sought declarations that the estate assets were family property and an order restraining distribution pending trial. The defendants/appellants, who were children of the deceased, contended that the assets were the deceased’s self-acquired properties and liable to distribution under the Intestate Succession Law. Before pleadings closed, the appellants applied for the appointment of administrators pendente lite, including the 1st appellant, 1st respondent and the Registrar of the High Court, to manage and preserve the estate and for an account from the 1st respondent. The High Court refused that application, maintained the status quo, but ordered the 1st respondent, who was in possession and control of most of the properties, to give an undertaking not to dispose of estate property and to account periodically. This appeal challenged that interlocutory ruling. Portion indicating facts: “The brief facts of this matter are that the Plaintiffs/Respondents are principal members of the late Alhaji Yaw Manu... The 1st Appellant is the customary successor of the deceased... The Defendants/Appellants are children of the deceased... They allege that since the said funeral, the Appellants have claimed that family assets... were his personal properties and so they want them to be distributed according to the Intestate Succession Law... The Appellants claim that all properties in the custody and possession of their deceased father in his lifetime were his self-acquired properties...”