IN RE KWAAYIE (DECD.); BOADIWAA v. KOBI PRACTICE NOTE

In a probate-related motion before the Supreme [High] Court, Justice Annan considered whether a caveat lodged by a caveatrix could be struck out for failure to file an affidavit of interest following service of a warning. The certificate of service revealed that the warning had been served not on the caveatrix personally but on her solicitor who had filed the caveat. Applying Order 60, rule 17 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), which requires that the person filing the caveat be warned by a warning in writing, the judge concluded that proper service demands personal service on the caveatrix. The preliminary issue was resolved in favor of the caveatrix, and the motion to strike out was dismissed, with directions that the warning be personally served on her. The decision underscores strict compliance with procedural service requirements before adverse steps may be taken against a caveat.