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MARGARET YANKAH AND INI AND ENO UBOH
V.
THE REGISTRAR HIGH COURT, SEKONDI AND MRS. EMMA UBOH

(2008) JELR 67345 (CA)

Court of Appeal 18 Dec 2008 Ghana
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- This case involves the interpretation of Section 5(1) of the Intestate Succession Act, 1985. - The main issue is whether a child who survived the father but died before the distribution of the estate is entitled to a portion of the deceas

Case Details

Suit Number:CIVIL APPEAL NO. H1/191/2007
Judges:ASARE KORANG J.A (PRESIDING), KUSI-APPIAH J.A., GYAESAYOR J.A
Counsel:MR. EBOW QUARSHIE FOR THE PLAINTIFFS / APPELLANTS WITH MR. FRANCIS GAZU; MRS. ABENA NTRIWAAH MENSAH FOR THE 2ND DEFENDANT / ,RESPONDENT WITH MR. DANIEL OFFEI.

JUDGMENT

KUSI-APPIAH, J.A.

This appeal turns on the correct interpretation to place on Section 5 (1) of the Intestate Succession Act, 1985 (P.N.D.C.L. 111). There are other ancillary matters too. The Section provides that:

“5(1) Where the intestate is survived by a spouse and by a child the residue of the estate shall devolve in the following manner :
(a) three-sixteenth to the surviving spouse,
(b) nine-sixteenth to the surviving child,
(c) one-eight to the surviving parent,
(d) one-eight in accordance with customary law.”

The appellants contend that by this provision the child who survived the father but died before distribution of the estate is entitled to a portion of her deceased father’s estate. The second respondent contends otherwise. This is the bone of contention in this appeal but as I said earlier there are other grounds of appeal which will be unfolded shortly.

This case has had a very chequered history. For the proper appreciation of the facts which culminated in this appeal,…

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