Try asking the following...
RULING
INTRODUCTION
1. This ruling relates to administration of the estate of the late Issahaku Deliman who
died intestate on 15th January, 2005.
2. The plaintiff described himself as a beneficiary of the estate of the late Issahaku
Deliman whiles the defendants are described as the administrators of the said estate.
3. On 9
th November, 2022 the plaintiff instituted this action against the defendants for
the following reliefs:
“a. Revocation of the Letters of Administration in respect of the estate of the
deceased Issahaku Deliman granted to the defendants herein.
b. An order directed regranting Letters of Administration in respect of the
estate of the deceased Issahaku Deliman to the plaintiff and two other
surviving children of the deceased.
c. An order directed at the defendants to render account of their stewardships
as administrators of the estate of Issahaku Deliman from the date of grant
to the date of filing of the instant suit.
d. Costs.”
4. On the same day, plaintiff filed a Motion on Notice for an order compelling the
defendants to deposit the Letters of Administration. Subsequently, on 4th November,
2022 plaintiff per Order 37 of CI 59 filed a Notice of Deposit of Grant for the Letters
of Administration to be deposited.
5. On 7th November, 2022 defendants caused to be filed the said Letters of
Administration, a police extract of the Station Diary, Regional CID, Tamale and a
letter from the Ghana National Fire Service (GNFS). The police extract and letter from
the GNFS were to the effect that the other copies of the Letters of Administration
were burnt in House No. B 385, Teshigu, Tamale on 26th February, 2022.
6. When this case was first heard on 23rd November, 2022 the defendants indicated that
they had filed a response to plaintiff’s claim. However, a copy was not on the docket.
Subsequently, on 8th December, 2o22 a copy was placed on the docket and the
defendants per their response basically admitted to all the reliefs sought by the
plaintiff. Defendants, however, prayed to the court to file a statement of account of
their stewardship, which was later filed on 30th December, 2022.
7. With the defendants admitting to the claim of the plaintiff, the law is trite that this
court enters judgment on admission in favour of the plaintiff. Before I jump to this
conclusion, let me point out an issue that came up in the course of this matter.
8. When 2
nd defendant, on behalf of the administrators, was speaking to