DAVID KOBLA DEKU v. WILLIAM AMONOO
2016
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A. (PRESIDING)
- K. A. ACQUAYE, J.A.
- M. WELBOURNE (MRS), J.A.
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The applicant sought letters of administration to administer the estates of Mary Adwoa Hagan and her son, Samuel Edem Deku. The trial court granted his request, but the decision was contested by the appointed customary successors, leading to an appeal. The appellate court found that the trial judge erred in granting administration rights to the applicant who had no legal standing, and it awarded administration rights to the customary successor instead.
K. A ACQUAYE
The facts preceeding this appeal are that the applicant was in an amorous relationship with Mary Adwoa Hagan out of which was born Edem Samuel Deku.
The applicant never got married to Mary Adwoa Hagan who lived with her only son until she died intestate on 1st September 2008.
On her death, her only son Samuel Edem Deku applied for the grant of letter of administration to administer her estate at the High Court, Tema.
After the notices had been posted one Lydia Otabil, claiming to be the customary successor of Mary Adjoa Hagan who resided with her before her death caveated.
Before the letters of administration could be issued Samuel Edem Doku also died on 25th August 2013.
The applicant then applied to the High Court, Tema for the grant of letters of administration to administer the “unadministered estate of the late Mary Adwoa Hagan pursuant to proprietary interest of the late Samuel Edem Deku”.
All the properties listed in the declaration of moveable and immoveable properties of the intestate belonged to Mary Adwoa Hagan.
When the ex-parte application came up for hearing the trial court ordered that notice of the application be served on the customary successor of the deceased whereupon one William Amonoo, claiming to have been appointed by the head of family to represent the customary successor caveated, claiming that the applicant has no interest in the estate of the late Mary Adwoa Hagan and that Samuel Edem Deku does not have an estate of his own.
In a supplementary affidavit, the applicant contended that on the death of Mary Adwoa Hagan,(¾) three quarters of her estate devolved on the son Samuel Edem Deku so he the applicant, was entitled to administer the estate.
After hearing the application the trial judge quoted Order 66 Rule 59(2) of High Court (Civil Procedure) Rules 2004, C. I. 47 relating to special grants and also Order 66 rule 13 which lists the order of priority for the grant of letters of administration and held that “Given the undisputed fact that the applicant is the surviving father of the deceased that is Edem Deku it stands to reason that he is entitled to the grant of letters of administration by the provisions of the rules to administer the estate of the late Edem Deku and also complete the unadministered estate of the mother.” The trial judge therefore granted the letters of administration to the applicant.
He went further to state that “it seems to me that with the death of Mary Adjoa Hagan, intestate, her