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

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,…