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February 14, 1967
HIGH COURT
GHANA
CORAM
JUDGMENT OF EDUSEI J.
The second caveatrix, Miss Christiana Darkua Dimson, has applied to this court under section 19 of the Administration of Estates Act, 1961 (Act 63), for the appointment of the Administrator-General to collect and take possession of the assets comprised in the estate of Albert Adusa Tandoh who died on 28 April 1966. On 22 June 1966, this court granted the application for letters of administration to one Kwame Kumah but on 11 July 1966 the first caveatrix caveated, and on 5 August 1966 the second caveatrix also put in a caveat. The first caveatrix took the side of the second caveatrix and filed an affidavit supporting the application of the second caveatrix that the Administrator-General be appointed to assume control of the assets of the deceased and to dispose of them according to the directions of the court and failing such directions, to the provisions of Act 63.
Section 19 (1) of the Administration of Estates Act, 1961 (Act 63), reads as follows:
"19. (1) Whenever
(a) any person dies leaving assets in Ghana and the court is not satisfied that there is any person immediately available who is legally entitled to succession to the assets, or that danger is to be apprehended of misappropriation, deterioration, or waste of the assets before the succession thereto can be determined, or whether the Administrator-General is entitled to a grant of probate or of letters of administration of the estate of the deceased in respect thereof; or
(b) the agent in charge of any assets in Ghana belonging to any person not residing in Ghana or belonging to a company not incorporated in Ghana dies without leaving any responsible person in charge thereof, the court may, upon the application of the Administrator-General or any person interested in the assets or in the due administration thereof, direct the Administrator-General to collect and take possession of the assets and to hold, possess, realise, and dispose of them according to the direction of the [p.56] court, and in default of any such directions, to the provisions of this Act so far as applicable to the assets."
The issue in this application is a simple one: in what circumstances can the court appoint the Administrator-General to take control of the estate of a deceased person? I am of the opinion that the answer can be found in section 19 (1) (a). In that subsection (1) (a) of section 19 if one of the three conditions does exist an application such as the instant one may succeed. The
AI Generated Summary
Miss Christiana Darkua Dimson, the second caveatrix, sought an order under section 19 of the Administration of Estates Act, 1961 (Act 63) directing the Administrator-General to collect and take possession of the estate of the late Albert Adusa Tandoh (d. 28 April 1966). The court had already granted letters of administration to Kwame Kumah on 22 June 1966 as the family-appointed successor, though issuance was suspended after caveats by Miss Felicia Konadu and Dimson. Justice Edusei located the governing standard in section 19(1)(a) and concluded that because an immediate successor was available and granted letters, the statutory conditions for appointing the Administrator-General were not met. Highlighting the family’s prerogative over intestate property and noting section 23’s revocation mechanism in favor of an executor or next-of-kin, the court declined counsel’s request to issue directions aimed at protecting the deceased’s children. Although lamenting the legal position of customary wives and children, the court dismissed the application without costs.