EUNICE TAWIAH & ANOR (PLAINTIFFS) vs. AUNTIE ESI & ORS (DEFENDANTS) [2019]DLHC7060

Date	2019-04-18
Suit No.	SUIT NO. E12/51/18
Citation No.	[2019]DLHC7060

HIS LORDSHIP JUSTICE RICHARD ADJEI – FRIMPONG J.

GEORGE ESSIFUL ANSAH ESQ. FOR THE PLAINTIFF.

DEFENDANTS UNREPRESENTED.

[2019]DLHC7060
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													<main id="main" class="content" style="min-height: 60rem" >EUNICE TAWIAH &amp; ANOR<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>AUNTIE ESI &amp; ORS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, SEKONDI]<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. E12/51/18&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: 18TH APRIL, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>GEORGE
ESSIFUL ANSAH ESQ. 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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DEFENDANTS UNREPRESENTED.<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP JUSTICE RICHARD ADJEI – FRIMPONG J.<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;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>This is a simple matter involving
the estate of the late Michael Gorkeh Dawson (deceased) who died on 20th
July 2016. The plaintiffs are the surviving spouse and customary successor
respectively of the deceased. They sue as personal representatives of the
deceased having obtained letters of administration at the district court, Axim
(Exhibit A).<o:p></o:p>The 1st and 2nd
defendants are the grandmother and uncle respectively of Comfort Dawson, one of
the two surviving children of the deceased. Comfort’s mother was the daughter
of the 1st defendant and sister of the 2nd defendant. She
was said to have died two weeks upon giving birth to Comfort. She thus
predeceased the husband now the deceased.<o:p></o:p>The 3rd defendant is an
association of outgrower rubber farmers of which the 4th defendant
is the Project Director. The deceased in his lifetime owned a rubber plantation
and was as such a member of the 3rd defendant. He also owned a plot
of land at Axim. The rubber plantation and the plot of land appear to be the
only properties the deceased left behind. <o:p></o:p>According to the plaintiffs, the
family of the deceased got to know from the 3rd and 4th
defendants that the deceased in his lifetime nominated his daughter Comfort
Dawson as his next-of-kin in respect of the plantation. And based on that
information, the 1st and 2nd defendants took over the
plantation and instigated the 4th defendant to transfer all monies
and benefits in respect of the plantation to the said daughter. The two also
took over the plot of land all without the authority and involvement of the
plaintiffs as administrators of the estate.<o:p></o:p>Further upon the above, the 4th
defendant without recourse to the plaintiffs, willfully wrote to the Takoradi
branch of the National Investment bank to transfer monies sitting in the
deceased’s account to the daughter on the basis that she was the next-of-kin.<o:p></o:p>The plaintiffs claim that they
caused their lawyer to write to the defendants to see to the proper
distribution of the estate of the deceased but to no avail. The 1st
plaintiff though unemployed is left to cater for herself and the other 4- year
child of the deceased.<o:p></o:p>They had no option than to file the
instant suit for the following reliefs:<o:p></o:p>(a)&nbsp;&nbsp; An order of this court directed at
the 3rd and 4th defendants to vary the nomination made by
Michael Gorkeh Dawson in respect of the of the rubber farm to include the
surviving spouse and son of the deceased.<o:p></o:p>(b)&nbsp;&nbsp; An order of perpetual injunction
restraining the defendants from having anything to do with the estate of the
deceased particularly the rubber farm and the plot of land.<o:p></o:p>(c)&nbsp;&nbsp;&nbsp; An account of all monies received by
the defendant in respect of the said rubber farm.<o:p></o:p>(d)&nbsp; Appointment of Manager to receive
and manage the said rubber farm until the final determination of the suit<o:p></o:p>In a statement of defence filed on
20th November 2018, the 3rd and 4th defendants
questioned the propriety of joining the 4th defendant in the action
explaining that he was only the head of the 3rd defendant which was
a department of Ghana Rubber Estates Limited, a company, by itself a legal
person that could sue and be sued. They further averred that there was a
tripartite agreement between the deceased, the Ghana Rubber Estates Limited
(GREL) and the National Investment Bank by which the deceased mortgaged the
farm against a loan taken. These allusions however appear not have been
advanced further when the 3rd defendant on the 20th November 2018
stated in ope</main>