ESTHER KUDZORDZIE vs. MAJOR NELSON AGBEKO [2010]DLHC5661

Date	2010-12-15
Suit No.	SUIT NO: BFA 59/08
Citation No.	[2010]DLHC5661

JUSTICE KWABENA ASUMAN-ADU

MR. KOFI AHENKORA FOR THE PLAINTIFF

MR. BRIGHT OKYERE AGYEKUM FOR THE DEFENDANT

[2010]DLHC5661
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													<main id="main" class="content" style="min-height: 60rem" >ESTHER KUDZORDZIE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MAJOR NELSON AGBEKO<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT (INDUSTRIAL/LABOUR 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: BFA 59/08&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: 15TH
DECEMBER, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. KOFI AHENKORA FOR THE
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
BRIGHT OKYERE AGYEKUM 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;
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JUSTICE KWABENA
ASUMAN-ADU<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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JUDGMENT<o:p></o:p>

</div>On 1st April 2008, the Plaintiff caused
Writ of Summons to be issued against the Defendant for a declaration that
having been customarily adopted by the deceased, Mercy Amitor Agbeko Plaintiff
is entitled to succeed deceased’s estate according to PNDC LAW 111. The Defendant entered appearance on 24th
April 2008 and went on to file his Statement of Defence in which he denied the
claim of the Plaintiff that she was adopted by the deceased. She is, therefore,
not entitled to succeed the estate of the deceased.<o:p></o:p><o:p>&nbsp;</o:p>Pursuant to an order of the Court, the Plaintiff
filed an Amended Statement of Claim on 3rd March 2010 and on 12th
March, the Defendant filed Statement of Defence to the Amended Statement of Claim.<o:p></o:p><o:p>&nbsp;</o:p>In the Amended Statement of Claim the Plaintiff
avers that the Defendant is her uncle. She says she was born to Mansah Dzisah
and Livingstone Kudzordzi on 1st April 1977 and six months after her
birth she was customarily adopted by Mercy Amitor Agbeko (deceased) who was the
maternal sister of her mother. She avers that the deceased who had no children
of her own expressed interest in adopting her to her parents who consented to her
adoption. She claims that relatives of her adopter and her own parents were
present at her adoption ceremony. According to her at the adoption ceremony,
two bottles of schnapps were provided by her adopter which was symbolically
presented to Plaintiff’s grandfather.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff claims that during her marriage
ceremony somewhere in December 2000, her adopter was introduced as her mother
even though Plaintiff’s biological mother was present. Also her adopter instead
of her biological mother was given the cloth and scarf which are symbolically
presented to mothers during such ceremonies. Being the adopted child of the
deceased, she allowed the Plaintiff and her husband to stay with her after the
marriage ceremony. She says she had lived with the deceased since her infancy
till her death in January 2005.<o:p></o:p><o:p>&nbsp;</o:p>She claims that at the time of her death, the
deceased was married to one Stephen Nuworku of Mamobi, Accra.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff states that she took charge of deceased’s
burial and funeral ceremony and provided money, coffin and other logistics for
the funeral. Also being the adopted child of the deceased a Unity Association
which the deceased was a member presented GH¢500.00 to her when the deceased
died.<o:p></o:p><o:p>&nbsp;</o:p><spa</main>