IN RE AGYEMANG (DECD.); ADDAE v. FOSUAH
May 30, 1968
HIGH COURT
GHANA
CORAM
- ANNAN J
Areas of Law
- Probate and Succession
- Civil Procedure
- Evidence Law
AI Generated Summary
Following the intestate death of cloth seller Ama Agyemang, her eldest child applied for letters of administration, asserting she had been appointed customary successor by unanimous family consent. Her grandmother, Yaa Fosuah, entered a caveat claiming principal family members had appointed her successor on the eighth day after death. The plaintiff relied on her father, Acheampong, and brother, while the defendant produced head of the immediate family, Opanin Kwasi Mensah, and elder Abena Tiah, who confirmed her appointment. The court found the plaintiff’s evidence inconsistent and influenced by her father, who withheld the deceased’s bank book, and rejected allegations of family neglect of the eight children. Applying Ashanti matrilineal succession principles (Krabah v. Krakue; Asamoah v. Ofori) and the rule that grants follow the largest interest and benefit the estate (In re Essuman), the court determined the defendant was duly appointed successor. To safeguard the estate and beneficiaries, it exercised discretion to grant letters jointly to the granddaughter and grandmother, with costs borne by the estate.