GLADYS AKU IN THE MATTER OF THE ESTATE OF ROBERT AGBENU (DECEASED) AND IN THE MATTER OF GODWIN AGBENU

ATUGUBA JSC: This is an appeal by special leave of this court from the judgment of the Court of Appeal reversing the judgment of the Circuit Court; Accra presided over by His Honour Judge G.K.Minta

The facts of the case as stated by the Court of Appeal per Quaye J.A. are as follows:

“Robert Agbenu died intestate on 13th December, 1979. The Plaintiff/Appellant herein, claiming to be one of only two surviving children of Robert Agbanu filed an action in the Circuit Court, Accra on 15th August, 2001 against the defendant/respondent, whom he identified as the other child of his father, claiming three heads of relief. These reliefs are:-

a) a declaration that the subject- premises forms part of the estate of their deceased father, Robert Agbenu aforementioned.

b) an order appointing the Registrar of the Court to gather-in the estate and distribute it to the parties herein;

c) Defendants/respondent to render accounts of all rents and proceeds from the disputed house with effect from 1980.

The ave…