Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JOSEPHINE SOKROE OF TARKWA (SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE HAYFORD WOGBE
V.
ANTHONY KOFI ASSMAH

(2013) JELR 65612 (HC)    
High Court  ·  30 Oct 2013 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE ROBIN B. BATU

Ratio Decidendi

Core Terms Beta
plaintiff
child
defendant
evidence
little josephine
hannah owusu
court
letters of administration
best interest of the child
hayford wogbe
welfare principle
high court
intestate succession act
appropriate cases
children’s act
credible evidence
death of hannah owusu
exhibit b
little josephine wogbe
such differences
welfare of the child
appointment of trustees of infants property
award of custody of a child consideration
basic facts of this case
benefit of their child
child’s use
custody of the infant josephine wogbe
employers goldfields ghana limited
estate of hayford wogbe
evidence hayford wogbe
formal custody of the infant josephine
funeral of hannah owusu
grant of probate
husband jacob akueku
irreconcilable differences
issue josephine akosua wogbe
little josephine akosua wogbe
parents of hayford wogbe
paternal grandmother of josephine wogbe
patrilineal family
personal representative
purposes of beneficial enjoyments of property
residue of the estate of the deceased person
respect of the estate of hannah owusu
school fees of josephine wogbe
secondary school
wife hannah owusu

BATU, J.

The basic facts of this case are these:

Hayford Wogbe, an Ewe married Hannah Owusu, an Akan. The couple had one issue Josephine Akosua Wogbe, born on 10th November, 2002. Hayford Wogbe died on 22nd November, 2007. Hannah Owusu also died on 14th July, 2010. A week after the death of Hannah Owusu the Defendant who lives in Kumasi went to Tarkwa where the child was and took her to Kumasi.

The Plaintiff is the paternal grandmother of Josephine Wogbe. The Plaintiff and her husband Jacob Akueku (P.W. 2) brought up Hayford Wogbe. Until their retirement, the two lived and worked in Tarkwa where Hayford Wogbe and his wife Hannah Owusu lived. After Hayford’s death the Plaintiff and P.W.2 dealt with his employers Goldfields Ghana Limited as parents of Hayford Wogbe. They on 24th January, 2008 signed a memorandum of understanding (Exhibit B) by which Goldfields undertook to pay the school fees of Josephine Wogbe, (the named dependant of Hayford Wogbe) up to Secondary School. The Plaintiff a…

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