E.F.A. SACKEY & 5 ORS (PLAINTIFF) vs. JAMES GEORGE HANSEN SACKEY (DECEASED) (represented by GLYNIS O SACKEY & 3 ORS) AND SOCIAL SECURITY & NATIONAL INSURANCE TRUST (DEFENDANTS) [2008]DLHC7500

E.F.A. SACKEY & 5 ORS (PLAINTIFF) vs. JAMES GEORGE HANSEN SACKEY (DECEASED) (rep... [2008]DLHC7500

Date	2008-11-28
Suit No.	SUIT NO.AL 39/2004(1542/92)
Citation No.	[2008]DLHC7500

IRISMAY BROWN (MRS.) JUSTICE OF THE APPEAL

[2008]DLHC7500
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													<main id="main" class="content" style="min-height: 60rem" >E.F.A. SACKEY &amp; 5 ORS<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>JAMES GEORGE HANSEN SACKEY (DECEASED) (represented by GLYNIS O
SACKEY &amp; 3 ORS) AND SOCIAL SECURITY &amp; NATIONAL INSURANCE TRUST<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT (FAST TRACK/AUTOMATED DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.AL 39/2004(1542/92) &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 28TH NOVEMBER
2008<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;
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IRISMAY
BROWN, (MRS.) JUSTICE OF THE APPEAL SITTING AS AN ADDITIONAL HIGH COURT JUDGE<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>Plaintiffs,
grandchildren of late James Hansen Sackey (Testator) are suing to recover
property forming part of his estate and alleged to have been wrongfully dealt
with by the Defendants. <o:p></o:p>The
case of the plaintiffs briefly stated is that they respectively represent the
heirs of the children of the said testator J.H. Sackey. The said children are
namely 1.Kojofio Hansen-Sackey, 2. James Quao H. Sackey, 3. Samuel Quao
Hansen-Sackey, 4. Emmanuel Quafio Hansen-Sackey, 5. Mrs. Grace Adjoa Jacobson
(Nee Sackey), 6. Emmanuel Easmon Hanson-Sackey, 7. Lewis Hansen Sackey.
Sometime in 1926 probate of the will of the testator was granted to One John
glover Addo and James Kwao Nkpa Sackey, named as the second child above and who
happens to be the father of the first defendant. <o:p></o:p>Kwao
Nkpa, describing himself as Joseph Quao Hansen-Sackey made a declaration
falsely purporting to vest in himself the estate of the testator. Despite
various law suits launched against him he is alleged to have managed to
alienate portions of the estate contrary to law and against the clear
provisions of the said will. On his death, his son the first defendant is also
accused of purporting to act as the sole executor of the estate. It is alleged
that since 1984 till the time of his death in January 2005, the first defendant
has entered into several wrongful transactions including the sale to the second
defendant of part of the estate at Achimota. <o:p></o:p>The
reliefs sought by the plaintiffs include: <o:p></o:p>1. A declaration that the 1st Defendant is not the lawful
executor to the estate of James Hansen-Sackey,(Tesator) <o:p></o:p>2. A declaration that the Deed of Declaration of title
dated 6th April, 1977 whereby James Kwao-Nkpa describing himself as Joseph Quao
Hansen Sackey and the surviving executor of the will of the late James Hansen
Sackey, purporting to vest in himself, land at Achimota being part of the
estate of the late James Hansen sackey, is null and void. <o:p></o:p>3. A declaration that a deed of conveyance of 1992
purporting to convey land situate and lying in Achimota, being part of the
estate of the said Hames Hansen-Sackey, deceased to the second Defendants is
null and void and confers no title whatsoever on the second Defendant <o:p></o:p>Plaintiffs
are also seeking to prevent the defendants from dealing with any other property
of the estate particularly land lying at Adabraka and Achimota. <o:p></o:p>In
a statement of defence filed by the first defendant, he claims the estate had
been distributed and all the beneficiaries had received their portions of the
property. The Statutory Declaration according to him related only to his
father's portion of the estate, this included the land at Achimota sold to the
second Defendant. <o:p></o:p>He
further asserted he and one Robert Okoe Afful had been appointed the executors
of his father Quao Nkpa's estate. As the executor of the last surviving
executor he had thus by law become the executor of the testators estate. <o:p></o:p>Finally
he denied he was liable to account to the plaintiffs. <o:p></o:p>Second
defendant literally adopted the defence of the 1st Defendant. They pleaded they
had purchased the land with a house on it in 1987 from one Larbi and
subsequently when they attempted to register the deed of conveyance they were
redirected to the first defendant by the Lands commission Secretariat. They
claimed to have perfected their title to the property by negotiating and
re-purchasing the property from the first Defendant. <o:p></o:p>The
children and close relatives of the first defendant though appointed by the
court to represent the interest of his estate vehemently resisted being drawn
into the suit and made no effort whatsoever to defend the suit nor to protect
the reputation of the first defendant. <o:p></o:p>The
first attack of the defence was to challenge the capacity of plaintiffs and
their right to represent other beneficiaries under the will. Under the then
applicable law probate and Administration rules, 1991 LI 1515, order7 r.4(2)
any person with a beneficial interest in an estate may agree to become a party
to an action depending on the relief being claimed <o:p></o:p>The
statement of claim, supported by evidence in court established the plaintiffs
as direct offspring of the children of the testator whose names are disclosed
above. In addition, the plaintiffs are said to</main>