[2025]DLCA17904 • January 23, 2025 • Court of Appeal
NANA ALVIN ATTA & STEPHANIE AMA EVELYN DWIMOH vs. STEPHEN A.L. DWIMOH JNR. & ALBERT DWIMOH JNR
The 2nd plaintiff, suing through her lawful attorney, claimed to be the sole surviving child of the deceased Dr. Stephen Albert Lugard Dwimoh. The defendants, also children of the deceased, obtained letters of administration over the deceased's estate in Ghana, including a property at Plot 71, Danyame Residential Area, Kumasi, which they vested in themselves. The 2nd plaintiff challenged the validity of the letters of administration and the assignment of the property to the defendants, seeking to have letters of administration issued to her and an account of the estate assets. The defendants counterclaimed for validation of their letters of administration and possession of the property.
read moreJUDGMENT MENSAH-HOMIAH, JA. INTRODUCTION This appeal arises from the decision of the High Court, Kumasi, rendered on 9th February 2022 in which the 2nd plaintiff/appellant’s claims for the setting aside of letters of administration granted to the defendants/respondents in respect of the estate of her deceased father; an order for accounts of the assets of the deceased; and an order setting aside the assignment of property numbered plot 71, Danyame Residential Area, Kumasi, were dismissed; and Judgment entered for the defendants/respondents on their counterclaim. Dissatisfied with the outcome, the 2nd plaintiff/appellant has approached this court seeking to challenge the judgment. In this judgment, the designations of the parties at the court below will be maintained. FACTS The record reflects that 1st plaintiff died before the trial commenced but he was not substituted. The trial therefore proceeded with only one plaintiff, i.e. the 2nd plaintiff. The 2nd plaintiff .....