IN RE APPIAGYEI-DANKA (DECD.); APPIAGYEI-DANKA AND ANOTHER vs. APPIAGYEI-DANKA [1973]DLHC2388

Date	1973-05-11
Suit No.
Citation No.	[1973]DLHC2388

KORANTENG-ADDOW J.

L. B. AKAINYAH FOR THE APPLICANTS.

S. K. K. SOTOMEY FOR THE RESPONDENTS.

[1973]DLHC2388
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													<main id="main" class="content" style="min-height: 60rem" >IN RE APPIAGYEI-DANKA (DECD.); APPIAGYEI-DANKA AND ANOTHER <o:p></o:p>vs. <o:p></o:p>APPIAGYEI-DANKA <o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 188<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
11 MAY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

L. B. AKAINYAH FOR THE APPLICANTS.<o:p></o:p>

S. K. K. SOTOMEY FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT
OF KORANTENG-ADDOW, J.<o:p></o:p>The
deceased in this matter, Dr. Paul Appiagyei-Danka, was a senior lecturer at the
University of Science and Technology in Kumasi. Being on the permanent staff,
he was required to, and he joined, the superannuation scheme. This scheme, as
deposed to by Mr. Andoh, an assistant registrar of the university, is a pension
scheme under which the university takes out a general insurance policy by which
it insures all the contributors to the scheme. There are in fact two types of
such scheme - one in which under the policy taken provision is made for the
lecturer whose life is insured to name a beneficiary who should benefit in the
event of his death and one under which there is no such provision. The witness
(Mr. Andoh) could not say which of the two schemes was subscribed to by Dr.
Paul Appiagyei-Danka. To the following question under cross-examination: “Q. Is
a member under the scheme required to do anything?” The witness gave the
following answer:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“A. He
has to fill a form in which he must indicate the name of his next-of-kin so
that in case of death he may be contacted for the payment of the superannuation
benefits.”<o:p></o:p><o:p>&nbsp;</o:p>The
deceased in this case indeed filled one of those forms a copy of which was
tendered and marked exhibit B. And on that form he named his mother as his
next-of-kin.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The issue
in this matter is whether since the deceased named his mother as his
next-of-kin he intended her to take the superannuation benefits beneficially.
It is the contention of Mr. Akainyah, learned counsel for the mother (the
plaintiff), that the answer to that question must be in the affirmative. But
Mr. Sotomey, learned counsel for the wife, the defendant, argues per contra. It
is his contention that the very fact of a contributor indicating the name of
his next-of-kin on what is described as nomination paper did not constitute
such a relation a beneficiary.<o:p></o:p><o:p>&nbsp;</o:p>By
looking at the nomination paper (exhibit B) I cannot find any indication on it
that the next-of-kin named is to be the beneficiary under the scheme.
Next-of-kin is a person’s nearest blood relation and, as deposed to by the
assistant registrar, the object of the university in requiring the making of
such nomination is to assist the university to trace and contact the relatives
of a deceased participant. I accept that evidence. If the university had
intended that whoever is named in the nomination paper as the next-of-kin
should be the beneficiary there is no doubt that the form would have said so. I
have myself seen a type of nomination form in which it is stipulated that the
person or persons named should be the beneficiary or beneficiaries under a
similar scheme. On that form the proportions in which the beneficiaries are to
take were indicated. That type of nomination form came from the Railways and
Harbours Administration in a case the title of which I cannot at the moment
remember. The nomination aper in this instant case is not of that type. It only
has among other things a column for naming the next-of-kin and it stops there.<o:p></o:p><o:p>&nbsp;</o:p>Mr.
Akainyah sought reliance and support from section 14 of the Wills Act, 1971
(Act 360). Section 14 of the Wills Act does not, however, seem to supp</main>