JUDGMENT OF BAIDOO J.
The plaintiff applied to this court for letters of administration to administer the estate of her deceased brother, Opanyin Yaw Koramoah, who died intestate at Amanfupong on 18 August 1969. The defendant, a nephew of the deceased, filed a caveat and as the parties could not agree on who should administer the estate the court, acting under Order 60, r. 21 (b) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), ordered the applicant to issue the summons herein against the caveator. The plaintiff is therefore claiming in this action "a declaration that she is the proper person entitled to succeed to Opanyin Yaw Koramoah (deceased) and to take out letters of administration for the administration of the estate of the said deceased."
The plaintiff’s case as pleaded in the statement of claim was as follows:
"(1) The plaintiff is a farmer of Amanfupong as well as the defendant.
(2) Parties belong to the same family.
(3) The deceased had two sisters: a deceased one, whose son is the defendant and the plaintiff; and therefore the defendant is a nephew to the deceased and the plaintiff.
(4) The deceased took ill on 8 August and died on 18 August 1969.
(5) After the funeral rites, the head of family Opanyin Anifori Bosompen Ntow with the knowledge, consent and approval of the entire family appointed the plaintiff a customary successor to the deceased.
[p.137]
(6) Accordingly the plaintiff applied to the court for letters of administration. The formal application was granted on 13 October 1969.
(7) While these proceedings were pending before the High Court, the defendant sued the plaintiff in the Grade II District Court of Akim Ofoase, claiming that he is the proper person to succeed and to administer the estate of the deceased.
(8) The fact that proceedings relating to the estate of the deceased were pending before the High Court was brought to the notice of the Ofoase court, nevertheless an ex parte judgment was entered against the plaintiff on 22 November 1969.
(9) The plaintiff then moved the Ofoase court to set aside the ex parte judgment which was entered without jurisdiction. The application was dismissed. A judgment entered without jurisdiction is of no effect.
(10) At the time of his death the deceased had his fixed place of abode at Amanfupong. He had his house there, and there he lived, died and he was buried. The Ofoase court therefore had no jurisdiction to determine any suit relating to his estate
