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HAROLD KWAME TEMAKLO & MAUREEN DERBAN
V.
FAUSTINA WOOD (SUBSTITUED BY NANE KWEKU ASANTE KORANTENG)

(2007) JELR 92096 (SC)

Supreme Court 23 May 2007 Ghana
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- The Supreme Court affirmed that, pursuant to s.4(a) of PNDCL 111 and the presumption under s.35 Evidence Decree (NRCD 323), property registered in the deceased’s name devolves to her children in intestacy, absent compelling evidence rebut

Case Details

Suit Number:CIVIL APPEAL NO. J4/22/206
Judges:AKUFFO, (MS), J.S.C.C. (PRESISING) BROBBEY, J.S.C. DR. TWUM, J.S.C. ANSAH, J.S.C. ANINAKWA, J.S.C.
Counsel:Mr. Odartey Lamptey for Appellant. Mr. Seth Owusu for Respondent.
Other Citations:(2007) JELR 66725 (SC)

JUDGMENT

SOPHIA A. B. AKUFFO (MS), J.S.C:.

By a Writ of Summons issued on 1st April 1994, the Respondents (hereinafter referred to as ‘the Plaintiffs’) sued the original Appellant (hereinafter referred to variously as ‘the Defendant’ or ‘Madam Wood’, claiming the following reliefs:-

  1. A declaration that, on the death intestate of Sylvia Adoley Garshong her self acquired property, House Number 649/10, Awudome Close, also known as number 1070, Kaneshie, became the property of her three children pursuant to Section 4(a) of  the Intestate Succession Law, 1984 (PNDCL 111).
  2. An order of the Court compelling the original Defendant, the co-administratrix of Sylvia Garshong’s estate to join the other administratrix in executing a vesting assent, vesting the said property in the children of the deceased.
  3. An order of perpetual injunction restraining the Defendant from attempting to exercise any rights of ownership or possession over the property.

The basic facts giving rise to this dispute are that Madam…

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