JASMINE SOWAH AND KWAKU QUAYE [2000]DLCHRAJ5767

Date	2000-08-08
Suit No.	Our Ref: CHRAJ/676/99/1302
Citation No.	[2000]DLCHRAJ5767

C. A. OPOKU

[2000]DLCHRAJ5767
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">JASMINE SOWAH<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">KWAKU QUAYE <o:p></o:p>(RESPONDENT)<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">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our
Ref: CHRAJ/676/99/1302&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; DATE: 8/08/2000<o:p></o:p>

</div>commissioner:<o:p></o:p>C. A. OPOKU DEP. CHIEF LEGAL OFFICER <span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#1F1F00">FOR <span style="font-size:12.0pt;line-height:115%;
font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#111100">COMMISSIONER<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">

DECISION<o:p></o:p>

</div>The complainant, a 34 years old filed this complaint on behalf of
her daughter Regina Djagbley Quaye, 13 years and a pupil of 3d Preparatory
School, Banana Inn Mamprobi, Accra.<o:p></o:p>The complainant claimed a
share of the estate of the late Shamo Quaye for her daughter Regina.<o:p></o:p>The complainant alleged that
Regina is the daughter of the late Shamo Quaye and that the deceased was
maintaining her before his untimely death in 1997. When he died, his father,
the respondent herein, had the complainant's family informed by sending drinks
and a sum of ¢20,000.00. She and her family were required to perform certain
rites, which they did.<o:p></o:p>After the funeral ceremony, the respondent assured her that her
daughter would be taken into account when the estate of the deceased was being
distributed. They were told that the matter of the estate was being handled by
the court and as soon as it was over the distribution of the estate would
follow.<o:p></o:p>About a year ago, the respondent sent the complainant ¢2 million
to be used in maintaining the child pending the distribution of the estate.
After sometime, the complainant went to the respondent with the requirements of
the child. The respondent response was that he did not have money and needed
some time to raise some funds to purchase the items for the child.<o:p></o:p>The complainant further said
that she had been reliably informed that the estate had been distributed.
Contrary to the assurances given by the respondent, the child had been left
out.<o:p></o:p>The complainant asked the
Commission to intervene for her daughter to have her due share of the estate.<o:p></o:p>On his part, the respondent
commented that Tina Quaye, the wife of the deceased reported him to FIDA for
the distribution of the deceased's estate. At FIDA the physical cash of the
deceased was shared and the portion meant for the deceased's children were
given to Tina Quaye. The respondent said that he pointed out that his son had
another child by another woman so her interest should be cartered for. That was
however not done because Tina Quaye objected to it and insisted that the child
in question was not fathered by her husband.<o:p></o:p>The respondent further said
that the child in question was fathered by the deceased. He explained that the
complainant and the deceased were live in lovers when the complainant became
pregnant and the deceased accepted responsibility for the pregnancy. He thus
named the child when it was born. The deceased did not marry the complainant
due to a misunderstanding between the complainant's mother and the respondents
wife thus, when Shamo Quaye died his family sent drinks to the complainant and
her family to announce the death to them as custom demands.<o:p></o:p>Finally, the respondent said that the child's due share of the
estate is with Tina Quaye.<o:p></o:p>Based on the respondent's
comments, the Commission in</main>