LESLIE LARTE LARTEY VS EVELYN SALLY LARTEY

[1] Introduction The Plaintiff/Applicant issued a Writ of Summons with an accompanying statement of claim on 4th September 2023 for the following reliefs: 1. “A declaration that the Will was not properly executed.

2. Revocation of grant of probate 3. Costs on full indemnity basis 4. Any other orders that this Honourable Court deems fit. ”The Defendant entered appearance on 30th November 22023 and filed his Statement of Defence on 30th November 2023. The Defendant counterclaimed as follows: 1. “Accounts and refund of all rents received by the Plaintiff from the tenant in house number 7 Stove Street, Awoshie-Accra.

2. Interest on the said amount from January 2023 till date of final payment. ”[2] Motion on Notice to deposit Probate The Plaintiff/Applicant praying the Court for probate be deposited in the Registry of the Court.

It is the case of the Applicant that on 4th September 2023 she filed citation which was served on the Defendant.

Search conducted indicates the Probate has not been deposited although the Defendant/Respondent was under an obligation to deposit the Probate within a specified period and she failed to comply. [3] Affidavit in opposition The Deponent for Respondent Baba Rockson Salifu deposed that she is opposed to the instant application.

The application is unmeritorious and in bad faith.

The Deponent contends that “the present application is aimed at frustrating the efforts by the Plaintiff to administer the estate of the deceased by preventing her from collecting rent from a tenant in one of the properties forming part of the estate.

1”The Defendant/Respondent relied on paragraphs 6 to 17 in opposition to the present motion. [4] Court’s Analysis and opinion The sole issue for determination in the present application is at what stage of an action for revocation for letters of administration should citation be filed and the procedure if there is non-compliance with the citation? I will therefore examine the practice and procedure under the Rule and the Statute invoked.

Order 66 rule 33 of High Court (Civil Procedure) Rules, 2004, C. I. 47, provides as follows: (1) “A probate action shall be commenced by writ.

1. The writ must be indorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the estate of the deceased.

2. Before a writ for revocation of the grant of probate of a will or letters of administration of the estate of a deceased person is issued out, notice shall be given unde