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CHARLOTTE ADULEY HAMMOND & ANOR
V.
DR. EDMUND ADUKWEI HAMMOND & ANOR

(2023) JELR 114272 (SC)

Supreme Court 15 Mar 2023 Ghana
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- The Supreme Court upheld the validity and fairness of the estate distribution by the administrator who adopted an earlier family arrangement, emphasizing that distribution prior to the Intestate Succession Act, 1985 (PNDCL 111) may be det

Case Details

Suit Number:J4/68/2022
Judges:BAFFOE-BONNIE JSC (PRESIDING), PROF. KOTEY JSC, OWUSU (MS.) JSC, LOVELACE-JOHNSON (MS.) JSC, AMADU JSC
Counsel:EMMANUEL HAMMOND ESQ. FOR THE PLAINTIFFS/RESPONDENTS/RESPONDENTS. A. G. BOADU ESQ. FOR THE DEFENDANTS/APPELLANTS/APPELLANTS

JUDGMENT

AMADU JSC

INTRODUCTION

(1) My Lords, this appeal invites us to consider and determine two principal issues relative to the law on the administration of the estate of a deceased intestate prior to the enactment of the Intestate Succession Act, 1985 (PNDCL 111). The first issue beggars answer to the question whether it is permissible for an administrator to adopt an earlier distribution made by another prior to his appointment as administrator ; and secondly, what amounts to fair and equitable distribution, for the purposes of the administration of the estate of a deceased? This latter issue is more germane, having regard to the absence or inadequacy of a legislative framework as provided under PNDCL 111.

BACKGROUND AND FACTS

(2) Samuel Armah Hammond died intestate sometime in 1972. In his lifetime, he was married to three wives -Madam Theresa Lamiley Lamifio; Madam Korkor Dinsey and Madam Larkai Adegyan. These wives bore him 12 children including the Plaintiffs, the 1 Defendant and…

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