BENTIL vs. BENTIL [1979]DLHC1045

Date	1979-05-09
Suit No.
Citation No.	[1979]DLHC1045

WUAKU J.

J. B. HAMMOND FOR THE PLAINTIFF.

A. H. SACKEYFIO FOR THE DEFENDANT.

[1979]DLHC1045
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													<main id="main" class="content" style="min-height: 60rem" >BENTIL <o:p></o:p>vs. <o:p></o:p>BENTIL<o:p></o:p>[HIGH COURT, CAPE COAST] <o:p></o:p>[1980] GLR 285<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
9 MAY 1979<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">

J. B. HAMMOND FOR THE PLAINTIFF.<o:p></o:p>

A. H. SACKEYFIO 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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF WUAKU J.<o:p></o:p>Joseph
Benjamin Bentil died intestate on 6 January 1971. Joint letters of
administration was granted to the first plaintiff witness, the deceased’s
sister, Mrs. Elizabeth Abban and the defendant, the deceased’s widow, Mrs.
Agnes Bentil. The defendant, Mrs. Agnes Bentil, was married to the late Joseph
Benjamin Bentil on 19 April 1949 under the Marriage ordinance, Cap. 127 (1951
Rev.). The defendant demanded that the deceased’s properties be divided into
two moieties, one for herself and the other for the deceased’s family.<o:p></o:p>The other
administratrix, the first plaintiff witness, made it known to the defendant
that the deceased left behind a son surviving him. This was denied by the
defendant who asserted that the plaintiff is not the son of her husband. The
defendant’s denial of the paternity of the plaintiff has resulted in this
action.<o:p></o:p>By the
indorsements on his writ of summons, the plaintiff claims:<o:p></o:p>“1.
Declaration that he is the lawful child of Joseph Benjamin Bentil (deceased)
and that he is entitled to four-ninth share of the said intestate Joseph
Benjamin’s estate. <o:p></o:p>2. An
order for account of rents collected from house No. 5A/28, situate at Essikado,
Sekondi, since 6 January 1971 up to date and payment to the plaintiff of his
legitimate portion thereof.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff’s story as told by himself and by his first four witnesses is that
the late Joseph Benjamin Bentil in or around 1938 was staying at Kumasi with
his mother and sisters. The fourth plaintiff witness was also staying in the
same area and along the same lane as the Bentils. One Agnes Kusi was also
staying along the same lane but closer to the Bentil’s and were separated by a
distance of about two yards. A friendship developed between the late Joseph
Benjamin and Agnes Kusi; and this was followed by a customary marriage. The
said Agnes Kusi gave birth to the plaintiff on 19 September 1939. The plaintiff
asserts that his birth was the result of the customary marriage between Agnes
Kusi and the late Joseph Benjamin Bentil.<o:p></o:p><o:p>&nbsp;</o:p>About the
time of the birth of the plaintiff, the late Bentil appeared to have become
embarrassed by lack of money, and therefore he and Agnes Kusi lived apart.
Agnes Kusi lived at her hometown at Sunyani with the plaintiff. The plaintiff
was maintained by his uncle by name Nana Owusu Ansah who sent the plaintiff to
school with the surname of Owusu. Agnes Kusi died in 1951, before then she and
the late Joseph Benjamin Bentil had separated.<o:p></o:p><o:p>&nbsp;</o:p>In the
meantime the late Joseph Benjamin Bentil got married to another Agnes, this
time, the defendant under the Marriage Ordinance on 19 April 1949. The only
issue out of this wedlock died within one week after birth.<o:p></o:p><o:p>&nbsp;</o:p>Between
1948 and 1954, the plaintiff attended school at Sunyani as the ward of Nana
Owusu Ansah, his uncle, who paid his fees. After the death of Agnes Kusi, the
late Joseph Benjamin Bentil and the defendant paid a visit to Sunyani, and his
father claimed him as his son. In 1955 the plaintiff joined his father and his
stepmother at Sekondi. The plaintiff was sent to the Methodist Senior School at
Ketan, Sekondi, to complete his middle school education. The plaintiff says
that he entered school the school with the name Alexander Owu</main>