IN THE MATTER OF THE ESTATE OF KODJO OYEMAN BROWN (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR L/A BY: GODFREY MARTIN ESSANDOH (APPLICANTS/RESPONDENTS), BEDFORD KORSAH BROWN AND MERCY SAGOE (APPLICANT/APPELLANT)

(1998) JELR 69526 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 134/95 ·  22 Jan 1998 ·  Ghana
CORAM
WOOD J.A. (PRESIDING), ESSILFIE-BONDZIE J.A., GBADEGBE J.
Core Terms Beta
learned trial judge
properties
alphabetical order
boys quarters
trial judge
customary law
main house
subject matter
customary successor
facts
main building
rival diana appiah
said properties
absence of any evidence
argument of counsel
counsel
counsels argument
counsels contention
court distribution
difficult exercise
difficult nature of the exercise
dominant role
eldest child
entire property
extent of his wealth
fact of his intestacy
fair distribution
finding of the learned trial judge
first impression
grouping of the various women
important question
main complaint
maternal family
name mercy sagoe
normal circumstances
number of grounds
occupation of the said premises
own personal view
portion of his judgment
proud owner of other properties
said decision
sheer size of his nuclear family
similar circumstances
status quo
such outlays
terms of the intestate succession law
use of the names of the widows
various grounds of appeal
whole distribution
wrong principles of law

WOOD, J.A.

This is an appeal from the decision of Benin, J. (as he then was) dated 11th July, 1994. The facts which gave rise to the proceedings culminating in the said decision are very simple indeed. One Kojo Oyeman Brown died intestate on 22nd February, 1986. He appears to have been an extremely wealthy man for he died possessed of several houses. He was also survived by three wives and twenty one children. Not suprisingly, it was these same factors namely, the fact of his intestacy, the extent of his wealth as well as the sheer size of his nuclear family which led to his family’s inability to distribute the properties among those entitled to them, to their satisfaction. His customary successor later applied for joint letters of administration for himself, the deceased eldest child, Ernest Kofi Brown and the appellant, who is one of the widows. Following upon an application subsequently brought by the appellant, the widow by name Mercy Sagoe, the learned trial judge proceeded to dis…

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