IN RE ESSUMAN (DECD.); ESSUMAN AND ANOTHER v. TESCHMAKE

Anna Winifred Annu‑Essuman and Kweku Essuman sought a joint grant of letters of administration in the High Court, Sekondi, over the estate of Joseph Annu‑Essuman, who died at Elmina on 18 June 1960. Anna Teschmaker filed a caveat asserting she was the deceased’s customary‑law widow and claimed both a share and priority in administration. The trial, eventually before Bruce‑Lyle J., found that the first plaintiff (a surviving legitimate child) and the second plaintiff (the deceased’s brother and validly appointed customary successor) as well as the defendant had interests in the estate. Applying section 48 of the Marriage Ordinance (Cap. 127), the judge granted letters to the first plaintiff and the defendant, excluding the successor. On appeal, Azu Crabbe J.A., with Ollen­nu and Apaloo JJ.A. concurring, reiterated that grants must follow interest and calculated that the children and family together held seven‑ninths of the estate, while the widow had two‑ninths. The Court of Appeal set aside the lower decision and declared the plaintiffs jointly better entitled to letters, with costs from the estate and a refund of costs below.