JUDGMENT OF OMARI-SASU J.
This is a summary determination of who is entitled to grant of letters of administration to administer the estate of Dr. Gustav Koranteng-Addow (Decd.) pursuant to Order 2(14) of the Probate and Administration Rules, 1991 (L.I. 1515).
The applicant is a son of the deceased intestate and the caveator is a paternal brother of the deceased. From the records of the court the applicant originally made an application with one Captain Joshua Michael Mireku Agyekum for joint letters of administration on 12 September 1988, but when the application was called on 11 October 1988 both applicants were absent and their counsel, Miss Naana Nketia, prayed for an adjournment. The application was thus adjourned to 17 October 1988. On this date the two applicants were again absent. Their counsel then prayed for the withdrawal of the application with liberty to come back and the application for withdrawal was granted.
Subsequently, the applicant came back but this time he came alone and prayed for the grant to him of letters of administration. His application was granted but before the letters of administration could be issued, the caveator, Mr. Augustus Sono Addow and Mr. Reynolds Simeon Mfodwo Koranteng, had made a different application for grant for them of letters of administration to administer the same estate. The caveator was subsequently warned to file an affidavit of interest after which the applicant was formally asked to move this court on notice for a grant of letters of administration, which application has been opposed by the caveator.
[p. 373]
Before determining who is entitled to a grant of letters of administration it is necessary to ascertain all those who have an interest in the estate of the deceased and whether the applicant is the sole surviving child of the deceased. The contention of the applicant is that the caveator is only a paternal brother of the deceased intestate and as the deceased was a citizen of Akropong-Akwapim, a matrilineal community, the caveator who is a citizen of Abetifi in Kwahu has no locus standi in the matter. Further, the applicant contends he is the sole surviving child of the deceased and that three other persons named by the caveator as (i) Mrs. Isabella Mintah; (ii) Susan Koranteng-Addow; and (iii) Nana Amma Ofosua Koranteng-Addow were not children of the deceased. The caveator on his part says after the funeral rites of the deceased had been performed the customary family of the deceased held
