MRS. MATILDA AKU OBENG AND EMEFA YAA EGBENYA-OBENG (PLAINTIFFS)
V.
ATTORNEY GENERAL, THE CHIEF OF THE DEFENCE STAFF, DIRECTOR OF ESTATE – GAF AND THE COMMANDING OFFICER - GAF

(2018) JELR 65565 (HC)    
High Court  ·  SUIT NO.GJ/1051/2016 ·  10 Apr 2018 ·  Ghana
CORAM
JUSTICE KWEKU T. ACKAAH- BOAFO
Core Terms Beta
defendants
court
plaintiffs
committee of adjustment
3rd defendant
nomination paper
1st plaintiff
mrs. aku obeng
director of estates
defendants’ counsel
desree naana aisha obeng
biological children of the deceased
emmanuel kofi obeng
late husband
life time
nomination form
paternity of emmanuel kofi obeng
anwa mamudu
children of the deceased
evidence act
ms. anwa mamudu
witness statements
3rd defendant’s variation
administratrix of the deceased estate
adopted children
armed forces’ committee
attached exhibits
burden of the parties
commanding officer of the air force headquarters
copy of the letters of administration
copy of the said letter
court’s opinion
cross examination
director of estates of the ghana
documentary evidence
emefa egbenya obeng
interest of the plaintiffs
joyce addo-appiah
mary maaldeong gbeck
meeting of a committee of adjustments
members of the deceased family
paternity of any child
q please
respect of the late air commodore obeng
service of the writ
statement of claim
trial of the case
witness of fact

JUDGMENT

i. Introduction:

[1] In this case, a decision made by the Director of Estates of the Ghana Armed Forces’ Committee of Adjustment in respect of the late Air Commodore Obeng (Deceased), is the centerpiece of this litigation. The Plaintiffs contend that the Committee erred by varying the Nomination Form, DFA 400 to add persons who were not listed as beneficiaries by the deceased. The court is called upon to consider among other things, whether the Director of Estates has the right to vary the DFA 400 of the deceased.

[2] Per a writ of summons sealed in this registry on 26th day of September, 2016 the Plaintiffs claimed against the Defendants herein the following judicial reliefs set out here below:

a. A Declaration that the 3rd Defendant is not entitled to vary the Nomination Paper (DFA 400) of the Deceased.

b. A Declaration that 3rd Defendant’s variation of the Nomination Paper (DFA 400) of the Deceased is arbitrary, unlawful, null and void.

c. An Order directed at the Defendants to …

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