JOSEPHINE SOKROE OF TARKWA (SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE HAYFORD WOGBE vs. ANTHONY KOFI ASSMAH [2013]DLHC2485

JOSEPHINE SOKROE OF TARKWA (SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE HAY... [2013]DLHC2485

Date	2013-10-30
Suit No.
Citation No.	[2013]DLHC2485

HIS LORDSHIP JUSTICE ROBIN B. BATU

E. ANAGLATE AB SAMUEL PERTEY FOR PLAINTIFF.

NANA ADWOA KOOMSON FOR DEFENDANT

[2013]DLHC2485
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													<main id="main" class="content" style="min-height: 60rem" >JOSEPHINE SOKROE OF TARKWA (SUING AS
ADMINISTRATOR OF THE ESTATE OF THE LATE HAYFORD WOGBE<o:p></o:p>vs.<o:p></o:p>ANTHONY KOFI ASSMAH<o:p></o:p>&nbsp;<o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO:&nbsp;
FAL 86/2011&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:
30TH OCTOBER 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp;&nbsp; <o:p></o:p>E.
ANAGLATE AB, SAMUEL PERTEY FOR PLAINTIFF.<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">

</div>CORAM: <o:p></o:p>HIS
LORDSHIP JUSTICE ROBIN B. BATU<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNoSpacing" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>The
basic facts of this case are these:<o:p></o:p><o:p>&nbsp;</o:p>Hayford Wogbe, an Ewe married Hannah Owusu,
an Akan.&nbsp; The couple had one issue Josephine
Akosua Wogbe, born on 10th November, 2002. Hayford Wogbe died on 22nd
November, 2007.&nbsp; Hannah Owusu also died
on 14th July, 2010. A week after the death of Hannah Owusu the
Defendant who lives in Kumasi went to Tarkwa where the child was and took her
to Kumasi.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff is the paternal grandmother of
Josephine Wogbe.&nbsp; The Plaintiff and her
husband Jacob Akueku (P.W. 2) brought up Hayford Wogbe.&nbsp; Until their retirement, the two lived and
worked in Tarkwa where Hayford Wogbe and his wife Hannah Owusu lived.&nbsp; After Hayford’s death the Plaintiff and P.W.2
dealt with his employers Goldfields Ghana Limited as parents of Hayford
Wogbe.&nbsp; They on 24th January,
2008 signed a memorandum of understanding (Exhibit B) by which Goldfields
undertook to pay the school fees of Josephine Wogbe, (the named dependant of
Hayford Wogbe) up to Secondary School.&nbsp;
The Plaintiff and Hannah Owusu were granted Letters of Administration to
administer the estate of Hayford Wogbe.&nbsp;
The Defendant was granted Letters of Administration in respect of the
estate of Hannah Owusu – his sister.<o:p></o:p><o:p>&nbsp;</o:p>At the funeral of Hannah Owusu, the Plaintiff
through her delegation to the funeral in Cape Cost demanded that the child be
brought to her in Ho.&nbsp; The child has
since remained with the Defendant in Kumasi.&nbsp;
The Plaintiff then brought this action claiming:<o:p></o:p>“A declaration that
as the sole surviving Administrator of the estate of the late HAYFORD WOGBE who was her son, the
maintenance care and upbringing of JOSEPHINE
WOGBE an infant who is the sole surviving issue of the late HAYFORD WOGBE is her responsibility.&nbsp; <o:p></o:p>A declaration that
the Defendant cannot without any reference whatsoever to her, forcibly take
custody of the infant Josephine Wogbe.<o:p></o:p>An order granting
formal custody of the infant Josephine to the Plaintiff.<o:p></o:p>Any other orders or
reliefs the Court may grant in pursuit of the demands of justice”<o:p></o:p>At the close of pleadings the issues agreed
upon as helping to resolve this dispute are:<o:p></o:p>“Whether or not
Defendant took the infant JOSEPHINE
AKOSUA WOGBE away without any reference to the Plaintiff.<o:p></o:p>Whether or not the
Defendant tried to use improper means to collect monies being held by CAL BROKERS, in trust or on behalf of
the infant JOSEPHINE WOGBE.<o:p></o:p>Whether or not
Plaintiffs action is proper.<o:p></o:p>Whether or not Plaintiff’s
action is misconceived.<o:p></o:p><o:p>&nbsp;</o:p>At the age of seven little Josephine Akosua
Wogbe had become a full orphan, having lost the father in 2007 and the mother
in 2010.&nbsp; Her father being an Ewe, she
belonged to her fathers Patrilineal family and her mother being an Akan she
belonged to her mothers Matrilineal family.&nbsp;
In a Patrilineal society, every male generates a family and also belongs
to a wider family originating from a common male ancestor.&nbsp; His children would be his immediate family
but he also belongs to a wider family made up of brothers and sisters of his
father, his father, grandfather and that grandfathers brothers and sisters and
extended back to a common male ancestor see
ADDO AND ANOTHER VRS. MANKO (1976) 2
GLR 454 CA, KPAKPLA VRS. KOFIKPOE (1966) GLR 442 and also FIANKO VRS. AGGREY
(2007-2008) SCGLR 1135. &nbsp;In a
matrilineal society, every female generates a family and her children would
constitute her immediate family.&nbsp; Her wider
family would however include her mother, aunts and uncles, grandmother
extending back to a common female ancestor.&nbsp;
See ADDO AND ANOTHER VRS. (Supra) also AMARFIO VRS. GENERAL LEGAL COUNCIL
(1991) 2 GLR 479 CA and GRACE AYELE WELBECK VRS. GRACE OKAIKOI OKAI
(2006) 3 GMLR 217.&nbsp; &nbsp;Without
a father or mother or brothers and sisters little Josephine Wogbe, then has no
immediate nuclear family.&nbsp; Widening the
family relations further she would belong to the family through the male line
of Hayford Wogbe which would include his father and his brothers and sisters.
From the evidence however Hayford Wogbe lost his father and grow up in the
household of P.W.2 – his step father whom his mother married.&nbsp; From the evidence Hayford Wogbe was brought
up and educated by Plaintiff and P.W.2 and it was P.W. 2 who found him a job at
Goldfields Ghana Limited where he worked until his death.&nbsp; From the evidence also the employers of
Hayford Wogbe recognized P.W.2 as the father of Hayford Wogbe.&nbsp; By a strict interpretation of customary law
then Plaintiff would not come within the category of people little Josephine
Wogbe will regard as family.<o:p></o:p><o:p>&nbsp;</o:p>On the mother side little Josephine would
belong to a wider family which includes the Defendant.&nbsp; For purposes of beneficial enjoyments of
property she will be entitled to benefit from both father and mother.&nbsp; <</main>