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CHARLOTTE HAMMOND & ANOR
V.
EDMUND HMMAOND & ANOR

(2023) JELR 110985 (SC)

Supreme Court 15 Mar 2023 Ghana
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- The case revolves around the administration of the estate of Samuel Armah Hammond, who died intestate in 1972. He had three wives and 12 children. The main issues in the case were whether an administrator can adopt an earlier distribution

Case Details

Suit Number:CIVIL APPEAL NO. J4/68/202
Judges:BAFFOE-BONNIE JSC (PRESIDING) PROF. KOTEY JSC OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC AMADU JS
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 1st Defendant …

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