YOUHANA vs. ABBOUD [1973] GLR 258

CASES REFERRED TO

(1) Waya v. Byrouthy (1958) 3 W.A.L.R. 413.

(2) Dadzie and Boateng v. Kokofu [1961] G.L.R. 90, S.C.

(3) Boakyem v. Ansah [1963] 2 G.L.R. 223, S.C.

(4) Chapman v. Ocloo (1957) 3 W.A.L.R. 84.

(5) Quartey v. Quartey [1963] 1 G.L.R. 58, S.C.

(6) Davies v. Randall [1963] 1 G.L.R. 382, S.C.

(7) Ghamson v. Wobill (1947) 12 W.A.C.A. 181, W.A.C.A.

(8) King v. Elliot [1972] 1 G.L.R. 54, C.A.

NATURE OF PROCEEDINGS

ACTION by the plaintiff for a declaration that she was entitled to succeed to the estate of her deceased sons as their heiress, successor and head of family. The facts are fully set out in the judgment.

COUNSEL

U. V. Campbell (Dr. de Graft-Johnson with him) for the plaintiff.

W. A. M. Adumua-Bossman for K. F. Asafu-Adjaye for the defendant.

JUDGMENT OF ABBAN J.

The plaintiff who is a Lebanese claims that she is the heiress, successor and head of family of her two sons, Mousa Miled Abboud and Gabriel Abboud (both deceased) and that she is entitled to:

(a) a declaration that as the mother of these two sons, who died intestate, she is the real successor entitled to letters of administration and to succeed to the immovable properties situate in Ghana and belonging to the two sons;

(b) a revocation of the two letters of administration granted to the defendant on 18 December 1967, and on 4 November 1968, respectively, in connection with the said immovable properties; and

(c) an account of all the immovable properties of those two sons which have at any time come into the possession and or control of the defendant.

The plaintiff had five children, namely, Gabriel Miled Abboud, Mousa Miled Abboud, Assad Miled Abboud, Helen Abboud and Milled Abboud, now known as Mrs. Souad Solomon. The three sonsÚGabriel, Mousa and AssadÚseemed to have lived in Ghana for a considerable number of years and during that period they, together with one Farhart Farhart, formed some sort of loose partnership called, Gabriel Abboud & Co. (Properties). It was neither a partnership in the legal sense nor a limited liability company. It was, as Mr. Kodjo, the plaintiff’s first witness put it, “just co-ownership of property” and it dealt solely in acquisition of landed properties. All properties acquired by the so-called company belonged to all the three brothers and the said Farhart Farhart as joint-owners. They were also the only share-holders in another company known as Gabriel Abboud Trading Co., Ltd. which carried on general trading in Ghana.

[p.261] of [1973] GLR 258

On 11 January 1957, Mousa died intestate and letters of administration in respect of his estate were granted to Gabriel. In February 1967 Gabriel also passed away without making a will and letters of administration concerning his estate were granted to his son, the defendant, herein. Before his death Gabriel could not wind up the administration of the estate of Mousa and so the defendant, after obtaining the letters of administration for the estate of his father, Gabriel, applied to the court and was granted letters of administration de bonis non in respect of the unadministered portion of Mousa’s estate. Both parties agree that at the time Mousa died, Gabriel Abboud & Co. (Properties) had acquired not less than thirteen landed properties listed out in the first schedule attached to the plaintiff’s amended statement of claim; and that Mousa was entitled to a share in each of those properties.

DECISION The plaintiff is over 80 years, and she has been living in Lebanon all her life. She did not appear in court to give evidence. The action was prosecuted on her behalf by one of her daughters, Mrs. Souad Solomon.