GEORGE BONSU AGYEI ALIAS NANA BONSU vs. FREEBORN KWABENA AGYEI, MRS. JANE AGYEI AND MRS. JOSEPHINE AWUAH

The deceased, Freeborn Kwabena Agyei, died intestate owning a property at Plot 12, Atwima Amanfrom Road. He was survived by his widow (2nd defendant) and children including the plaintiff and the 1st defendant (uterine brothers). Letters of Administration were granted jointly to the 1st, 2nd, and 3rd defendants. Disputes arose over the distribution of the estate, leading to a judicial sale of the property ordered by the Circuit Court after disagreements among beneficiaries. The 1st defendant purchased the property at auction. The plaintiff claimed ignorance of the sale and refused to accept his share of the proceeds, leading to this suit challenging the legality of the sale and seeking to nullify it and restrain dealings with the property.

JUDGMENT OBENG-DIAWUO (JA) INTRODUCTION It is written in the Gospel according to St. Matthew 7:9-11 as follows: “which of you if your son ask for bread will give him stone or he ask for a fish he will give him a snake…”. It is the desire of every parent to give their children the best of everything including, education, food, clothing and shelter. Where parents are wealthy and are able to satisfy these basic necessities of life, they go ahead to acquire properties for their children often at a great cost and sacrifice to their own personal comfort. The hard work of one Freeborn Kwabena Agyei to acquired landed property for their enjoyment of his immediate family namely: his wife and children has been more of a curse than a blessing. The inability to peacefully enjoy this property together after his demise has been a source of dispute between the plaintiff/appellant hereinafter called (the plaintiff) one of his biological sons and the 1st defendant/respondent hereinafter cal...