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October 31, 2023
HIGH COURT
GHANA
CORAM
By a writ of summons issued out of the registry of this court on 29/3/2018, the Plaintiff claimed against the Defendants, as Administrators of the Estate of John K. Y Essien for the following: a) An order setting aside the grant of the letters of Administration of the estate of John Kwamina Yalle Essien; b) A declaration that the processes leading up to the grant of the letters of Administration was wrongful ad thus null and void; c) Perpetual injunction restraining the Defendants, their workmen, agents etc from interfering with the Estate of J. K Y Essien (deceased); d) Any other reliefs the court may deem fit.
The Plaintiff attached to his writ of summons with a ten paragraphed statement of claim.
On the same day at 10. 20, the Plaintiff through his Counsel filed NOTICE TO BRING IN GRANT OF LETTERS OF ADMINISTRATION under Order 666 r 37(1) of which the High Court (Civil Procedure) Rule, 2004, C. I 47 which require the Defendants (as Administrators), upon the service of the said process on them to bring and leave it at the registry of the High Court, Sekondi, the Letters of Administration issued to the Defendants on 6/2/2019. Upon the service of the process on the Defendants, they entered appearance on 10/4/2018 and filed a 7 paragraphed defence on 24/5/2018. From the records, there is a copy of the L/A on the Docket and the court cannot tell when same was brought to the court and left same at the registry of the curt as required under the rules and as demanded by the Plaintiff under a rule aforesaid (Order 60 r 37(1)). On 8/6/2018, the Defendants field application for Directions.
On 25/6/2018, the issues were set down for determination as follows: a) Whether or not eh processes leading to the grant of the L/A was wrong.
b) Whether or not he application and the grant of the L/A was made without the consent of the other interested parties; c) Whether or not prior to the grant the Plaintiff was dealing with the estate of the deceased; d) Whether or not the Plaintiff is entitled to his claim.
Parties were directed to file their respective witness statement together with all documents they intend to rely on as Exhibits of the trial.
At the Case Management Conference, efforts were made to settle the matter but due to the acrimonious relationship between the parties, the trial commenced.
Indeed, I must state here that I am the fourth Judge to handle the case.
PLAINTIFF’S CASE: The Plaintiff’s case is that he is the eldest child of the late J. K. Y Essie
AI Generated Summary
At the High Court, Justice G. K. Gyan-Kontoh adjudicated a dispute over administration of the estate of John Kwamina Yalle Essien. The eldest child of the deceased challenged Letters of Administration (with will annexed) granted to siblings, alleging multiple procedural breaches: a caveat had been filed and remained in force, yet the Registrar granted the letters without issuing the mandatory warning or requiring an affidavit of interest; and executors Nicholas Essien and John Ocran had not properly renounced probate, with an informal letter being relied upon instead of the process under Order 66 of C.I. 47. Applying Act 63, PNDCL 111, and Supreme Court authorities including Adisa Boye and Susan Bandoh, the court affirmed that beneficiaries can litigate before probate or L/A. Finding the grant process wrongful and void, the court set aside the Letters of Administration, declined to restrain the siblings because all are beneficiaries, and directed that the surviving executor either prove the will or renounce. No costs were awarded.