SAMUEL KORMLA AGBALE v. EKUVOR AGBALE LADZAGLA & OTHERS

OFOE, J.A:

The substance of this suit is for the determination who is entitled to Letters of Administration to administer the estates of the deceased Mr. William Quao Anipatie who died in 1943. The plaintiff, who claimed to be the appropriate person to be given letters of administration was challenged by the defendants when he applied for Letters of Administration. As required by the rules of court the trial court ordered the plaintiff to issue a writ for the determination of the issue who is entitled to administer the estates of William Anipatie. In accordance to this order the plaintiff sued the defendants claiming the following:

“a. A declaration that plaintiff is the rightful or appropriate person by the pleadings to apply for the grant of Letters of Administration in this honourable court, administer and distribute the Estates of William Quao Anipatie(deceased)including in particular H/No D 498;4 Jones Nelso Road, Adabraka, Accra formerly H/No. D 4588/4 Jones Nelson Road Adabraka Accra amongst the beneficiaries of the said Estates according to law.

b. A declaration that the Estates of William Quao Anipatie(Deceased)is located at the matrilineal section of William Quao Anipatie family by virtue of the customary practices and usages in force of his Akorvie Clan of Mepe as determined on 10th November 2005 by Torgbe Sasago Adotey of Mepe as per his arbitration award determined at Mepe in the Volta Region.

c. An order that the plaintiff should apply to administer the Estates of William Quao Anipatie as the sole applicant to administer the said Estates to the exclusion of the defendants and distribute same according to law.

d. An order of perpetual injunction restraining the defendants their agents, servants, workers assigns or anyone claiming through the defendants from interfering with the administration of the Estates of William Quao Anipatie, in particular H/No D498/4 Jones Nelson Road, Adabraka, Accra

On the 26th July 2016 the trial judge gave judgment in favour of the plaintiff against the defendants as will be narrated presently. It is against this judgment, found at page 426 of the records,that the defendants have appealed. The following grounds of appeal are found at page 438 of the records:

“a. The learned judge erred when she failed to consider the present nature of the property, H/No. D498/4, Jones Nelson road, Adabraka, Accra.

b. The learned Judge erred when she held that the estate of the late William Quao Anipatie fell on his maternal