IN RE SASU-TWUM (DECD.); SASU-TWUM vs. TWUM [1975]DLHC395

Date	1975-07-30
Suit No.
Citation No.	[1975]DLHC395

ABBAN J.

E. S. AIDOO FOR THE PLAINTIFF.

G. L. A. DJABANOR FOR THE DEFENDANT.

[1975]DLHC395
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													<main id="main" class="content" style="min-height: 60rem" >IN RE SASU-TWUM (DECD.); SASU-TWUM <o:p></o:p>vs. <o:p></o:p>TWUM<o:p></o:p>&nbsp;[HIGH
COURT, ACCRA]<o:p></o:p>[1976] 1 GLR 23<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:
30 JULY 1975.<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">

E. S. AIDOO FOR THE PLAINTIFF.<o:p></o:p>

G. L. A. DJABANOR FOR THE DEFENDANT.<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">

ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>The
plaintiff, by her originating summons, submitted six questions for
determination, and prayed that the court may make declarations as to her rights
and those of her children in respect of certain properties of which her
deceased husband died intestate. She also asked for directions on the
distribution of the said estate of her husband.<o:p></o:p><o:p>&nbsp;</o:p>The facts
of the case which were not in dispute are as follows: The plaintiff and her
husband, the late Solomon Sasu-Twum, were on 24 July 1958 married under the
Marriage Ordinance, Cap. 127 (1951 Rev.), at the Holy Trinity Cathedral, Accra.
After the marriage they set up their matrimonial home in Accra. The husband
died intestate on 4 August 1973. He was survived by both parents, four sons of
the marriage and the plaintiff. The father, who claimed to have been appointed
the customary successor of his deceased son, is the defendant in the present
proceedings.<o:p></o:p><o:p>&nbsp;</o:p>As at the
date when the originating summons herein was filed, that is 13 February 1975
the eldest of the four sons, called Daniel Sasu-Twum was sixteen years old
while the youngest was six. It can therefore be seen that all the children are
still infants. The parties, who had been apparently on friendly terms before
the dispute arose, applied to this court for letters of administration in
respect of the estate of the deceased: and accordingly, on 16 September 1974
the court issued to them joint letters to administer the estate.<o:p></o:p><o:p>&nbsp;</o:p>At the
time of his death, the deceased was running a shop at house No. D.827/4 Kojo
Thompson Road, Accra. The shop contained a lot of goods valued at several
thousands of cedis. He also left six dwelling-houses, all in Accra. It was in
the course of sharing those properties among those legally entitled to them,
that the present dispute reared its ugly head. So that the questions in the
originating summons and the declarations sought are mainly in respect of the
shares which the plaintiff and her four sons are entitled to so far as the said
goods and the six houses are concerned.<o:p></o:p><o:p>&nbsp;</o:p>In her
affidavits and in her oral evidence the plaintiff alleged that she was a
certificated teacher (certificate B) before her marriage to the deceased. She
continued to teach until 31 July 1970 when the deceased asked her to stop. She
did stop and collected her marriage gratuity of ¢816. According to her, she
gave this amount to the deceased, at the request of the deceased, as her
contribution towards the purchase price of the goods in the shop. She and the
deceased then entered into a partnership agreement. Under that agreement, they
were to run the shop together as partners and share equally the profits accruing
therefrom. The said partnership agreement was exhibited and marked A.<o:p></o:p>In
paragraph (7) of her affidavit filed on 13 February 1975 the plaintiff stated:<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">“Having
read the said agreement and purport thereof explained to me, in substance, as
the two of us entering into a partnership to carry on the business of importers
and traders as equal partners who would share all profits equally, my husband
and I signed the said agreement and my husband’s said friend also then signed
his name and the said agreement was dated 17 September 1970.”<o:p></o:p><o:p>&nbsp;</o:p>