GRACE DEDE vs. ERNEST MANU & ANOR. [2010]DLCA6483

Date	2010-06-24
Suit No.	CIVIL APPEAL NO: H1/89/2009
Citation No.	[2010]DLCA6483

G.M. QUAYE J.A. (PRESIDING)

APPAU J.A.

ADUAMA OSEI J.A

MR. KWAKU BAAH FOR PLT. /APPELLANT

MR. NTOW FIAKO FOR DEFT’S. /RESPONDENTS

[2010]DLCA6483
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													<main id="main" class="content" style="min-height: 60rem" >GRACE DEDE<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>ERNEST MANU &amp; ANOR.<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>CIVIL
APPEAL NO: H1/89/2009&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: 24TH JUNE, 2010<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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COUNSEL: <o:p></o:p>

MR. KWAKU BAAH FOR PLT.
/APPELLANT<o:p></o:p>

&nbsp;MR. NTOW FIAKO FOR DEFT’S. /RESPONDENTS<o:p></o:p>

</div>CORAM:&nbsp; <o:p></o:p>G.M. QUAYE J.A.
(PRESIDING), APPAU J.A., ADUAMA OSEI J.A<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
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</div>G.M.
QUAYE, J.A,<o:p></o:p>&nbsp;Samuel Asare Konadu (late deceased) was on his
death on 8th May 1994, survived by about three or four wives and as many as
thirty-two children. The original Plaintiff, Alice Dede, was one of the said
surviving spouses, she and the deceased having married on 18th September 1959.
The Plaintiff and her husband, the late Samuel Asare Konadu, cohabited in
Accra, Kumasi and Takoradi. During the subsistence of the marriage, the couple
acquired substantial properties which the Plaintiff listed in her statement of claim
as including: <o:p></o:p>"4 houses on Mac Carthy Hill,
Accra; 15 houses making up ANOWUO ESTATES at Kaneshie, Accra; 1 only two storey
Building at Oforikrom in Kumasi; 1 only two storey Building at Odorkor, Accra;
2 storey Buildings together with two Estates at Asamang; 2 vacant plots at Mc
Carthy Hill, Accra; 15 Vacant plots at Ejisu in Ashanti Region; and 2 Vacant
plots at Kentikrono in Kumasi". <o:p></o:p>The late Samuel Asare
Konadu apparently died testate. His last will and codicil were read in the High
Court, Kumasi on 15th July 1994 at about 12.30pm. Those who were invited to the
reading of the Will, as appears in exhibit D, a letter from the Deputy Chief
Registrar of the High Court, Kumasi, included the original Plaintiff and
surviving spouse of the deceased, Miss Alice Dede. The said exhibit D on its
face shows that two other spouses who outlived their deceased husband, and also
about five other persons who were presumably children and/or members of the
deceased’s family were additionally invited to attend the reading of the Will.
The contents of the Will were dissatisfactory to the Plaintiff because she took
the stand that the property that was bequeathed to her fell far below her
expectation.<o:p></o:p>&nbsp;The Plaintiff therefore, filed a writ on 15th
December 1994 to commence the action from which the herein appeal was lodged.
While the action was pending in the High Court, and before hearing of evidence
was commenced, the original Plaintiff/Spouse died on 5th February 1999
resulting in the present Plaintiff/Appellant joining the action after she had
been made customary successor to her late senior sister Alice Dede had obtained
letters of administration jointly with PW1 and been substituted as Plaintiff in
her deceased Sister's stead by an order of the trial High Court made on 2nd
February, 2005. In effect therefore evidence that was led in the trial to
establish the plaint was offered by the substituted Plaintiff, Grace Dede and
one of the five Children between the original Plaintiff, Alice Dede, and Samuel
Asare Konadu, both deceased. <o:p></o:p>The evidence of Grace Dede
portrayed her as a person who did not have any first hand or detailed knowledge
of the facts upon which the action was mounted. It was the story of Grace that
even though Alice Dede assisted her husband Samuel Asare Konadu to acquire a
substantial estate, the latter did not "leave
anything for my Sister, not a pin nor the matrimonial home" in his
Will.<o:p></o:p>&nbsp;According to Grace Dede, the two deceased
married couple first lived in a rented house at Adabraka and later bought an
estate house at Awudome to where they relocated. The couple established a
company known as ANOWUO Publications
and Textiles. They later acquired land on Mac Carthy Hill where they built
houses and offices and residence. In all they built four houses on Mac Carthy
Hill where they lived and conducted their business. They also acquired a store
and sold textiles. The Plaintiff, Grace Dede denied that a house at Odorkor was
bequeathed to her sister Alice Dede by Samuel Asare Konadu. It was the case of
Grace Dede that a gift inter vivos of the Odorkor house was made to Alice Dede
for which event the necessary “aseda” was given to Samuel Asare Konadu. Rather
surprisingly and unexpectedly, that very house which was subject of the gift
and the aseda in acceptance was mentioned in Asare Konadu’s Will as a bequest
to one Abena Birago, a daughter of their marriage. Grace Dede was honest enough
however to concede to the fact that she had not seen the documents in respect
of the house, nor those in respect of the company. When Grace Dede was
cross-examined at the end of her evidence-In-Chief by learned Counsel for the
defendants, she said she had, up to the time she gave evidence, neither read
the Will nor the codicil of Samuel Asare Konadu. She insisted that the Odorkor property
was bequeathed to Abena Birago, not to Alice Dede. To further underscore her
stand that Samuel Asare Konadu did not bequeath “even a pin” to Alice Dede,
Grace Dede denied any knowledge about the fact that her sister was given the
sum of ¢1.000.000 (one million cedis) under the Will of her deceased husband.
She insisted however that, both Alice Dede and Samuel Asare Konadu, as wife and
husband acquired their properties together. She outlined the contribution of
Alice Dede in the following words:—
"A: she helped him with her support and strength. When they were writing
the books, they used to send some to Europe and it was my sister who sent the
books through the post by her strength. Also about their textiles, my sister
used to sell the textiles. They also built estates at Kaneshie and she
supervised the workers and bought materials for the workers when her husband
was away".<o:p></o:p>&nbsp;Further during cross examination of her, Grace
Dede claimed that Alice Dede was for some time, an employee at the General Post
Office, then she became a Director/Shareholder of ANOWUO Publications. Evidence
in support of the plaint was further articulated by PW1, a son of Alice Dede
and Asare Konadu. His evidence was that after the Will of his deceased father
had been read, his mother, Alice Dede, complained to the head of the family of
Asare Konadu, that the deceased husband left her nothing; that is to say, that
she was not satisfied with what was bequeathed to her, if any at all.<o:p></o:p>