[2025]DLHC18058May 15, 2025High Court

CELIA AMOAKO TUFFOUR vs. DR. EMMANUEL OSEI TUFFOUR & ANOR

The plaintiff, Celia Amoako Tuffour, sued seeking declarations and orders regarding the classification and disposition of matrimonial property included in the Will of the late Dr. Kwame Amoako Tuffour. She contended that the properties disposed of in the Will were matrimonial property and not the exclusive property of the deceased, and that she was entitled to an equitable share and reasonable provision from the estate. The plaintiff also sought revocation of probate granted to the first defendant and an order for the defendants to render accounts of the estate. The plaintiff is an octogenarian and claims to have no independent income, relying on the deceased for financial support.

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RULING The plaintiff sued out of the Registry of this Court a Writ of Summons and Statement of claim seeking the following reliefs; a. A declaration that all of the properties, accounts, assets, vehicles and other valuables (altogether “ matrimonial property”) disposed of in the Will of the late Dr. Kwame Amoako Tuffour are matrimonial property and not the exclusive or self-acquired property of the Testator. b. A declaration that the Testator had no power to bequeath jointly-owned matrimonial property to any entity or person without the consent of the plaintiff spouse OR alternatively, a declaration that the Testator only had power to bequeath only his equitable share or interest of the matrimonial property to his legatees and any disposition beyond the interest of the Testator constitutes a lapse or failure of the disposition to that degree. c. A declaration that the plaintiff is herself entitled to an equitable share of the matrimonial property d. An order that an equitabl...