(1980) JELR 69641 (HC)    
High Court  ·  11 Nov 1980 ·  Ghana
Other Citations
[1982-83] GLR 547
Core Terms Beta
private hayford boateng
nomination paper
personal effects
service estate
customary successor
armed forces
armed forces regulations
second defendant witness
time of his death
administrator of the estate
evidence exhibit
military quarters
nomination papers
administrator of the intestate estate
apatu-plunge j.
applicability of section
armed forces act
army authorities
army regulations
assistant director of legal services of the ministry
defendant ownership
director of service estate
disposal of service estate of servicemen
evidence of the plaintiff
family means
following parts of the estate of a deceased officer
form part of his service estate
military language family
only witness
originals of the nomination papers
ownership of the personal effects of her late husband
personal belongings
personal effects of the deceased serviceman
personal effects of the deceased servicemen
private boateng
private hayford boateng’s nomination paper
recovery of possession of the personal effects
respect of gratuities
said exhibit
said nomination paper
service personnel
special provisions
such forces

APATU-PLUNGE J.: In this case the plaintiff is claiming against the defendant ownership and recovery of possession of the personal effects of one late Private Hayford Boateng and general damages for trespass to these personal effects.

The defendant resisted the claim by contending that as the lawful wife of the Late Private Hayford Boateng and according to the existing law governing the disposal of service estate of servicemen who died intestate in Ghana, she is the person entitled to the ownership of the personal effects of her late husband.

This case appears to fall within a very narrow compass and involves the construction and applicability of section 5 of the Armed Forces (Special Provisions) Act, 1964 (Act 234). The facts which are wholly agreed are these: The plaintiff is the customary successor and administrator of the estate of one Private Hayford Boateng formerly of the 2BN, Takoradi and who died intestate in February 1977. At the time of his death the said late Private Boateng…

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