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July 2, 1976
HIGH COURT
GHANA
CORAM
JUDGMENT OF GRIFFITHS-RANDOLPH J.
In this case, a joint grant of letters of administration in respect of the estate of Joseph Bossman, (deceased) was made on 17 May 1973 by this court in favour of Dr. Jonathan Emmanuel Bossman and Jacob Kwaku Bossman (since deceased); and on 16 February 1976, Nii Odoi Annan, counsel on behalf of Rev. Athanasius Foster Okaitey Kuevi, who claimed to be the secretary of the late Joseph Bossman’s family, filed a motion on notice for an order authorising the removal of the co-administrator, Jacob Kwaku Bossman, who was then alive. The motion paper was accompanied by an affidavit sworn to by Rev. Kuevi, and a written resolution bearing the signatures of upwards of 30 principal members of the Bossman family, to which Joseph Bossman (deceased) had belonged; and the contents of the latter document were as follows:
"We the undersigned, do hereby resolve that Dr. J. E. Bossman should be the only head of the Bossman family forthwith and be in charge of the entire administration of the Bossman estates. We also hereby resolve that Mr. Jacob Bossman who administers the estates jointly with the said Dr. J. E. Bossman be released from office as joint administrator of the Bossman estates for the following reasons:
(1) That Dr. J. E. Bossman is the only accredited and legal person remaining and authorised by old Bossman's (Papa Nii's) will.
(2) That Mr. Jacob Bossman is now resident in Lome, Togo.
(3) In view of the above reasons and facts, we feel very strongly that Mr. Jacob Bossman should cease to take part in the administration of the Bossman estates forthwith.
(4) The above resolution was adopted at a family meeting held on 28 June 1975."
The respondent's affidavit in opposition, to which was exhibited a letter from the "Otubianye Bake's family" disclosing that an amount of ¢800.00 withdrawn from the banking account of the estate to meet the cost of repairs to the family house at Prampram had not been used for that purpose, was filed on 24 March 1976, when he was still in the land of the living; and a second affidavit of the reverend gentleman was filed on 26 April 1976.
When the motion came on for hearing on 10 May 1976, the respondent's counsel, Mr. Kudjawu, made this statement:
"I wish to raise the following preliminary objections The application is said to have been made under Order 60, r. 42, of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), but it is inapplicable. The only way in which you can remove an adminis
AI Generated Summary
The High Court, per Griffiths‑Randolph J., addressed a motion brought by counsel Nii Odoi Annan for Rev. Athanasius Foster Okaitey Kuevi to remove co‑administrator Jacob Kwaku Bossman from the administration of the estate of the late Joseph Bossman. The application invoked Order 60, r. 42 of the High Court (Civil Procedure) Rules, 1954 and was supported by Rev. Kuevi’s affidavit and a family resolution signed by over thirty principal members, citing reasons such as Jacob’s residence in Lomé, Togo and that Dr. J.E. Bossman was the only accredited person under the will. Mr. Kudjawu, for the respondent, raised a preliminary objection that removal requires a substantive action. The judge analyzed Order 60, r. 42, concluding it governs ancillary orders relative to estate property, not the removal of administrators, which must be pursued by originating summons or writ. Although Jacob’s death rendered the matter arguably academic, the court upheld the objection, dismissed the motion, and made no order as to costs.