[1961]DLHC625 • May 25, 1961 • High Court
ASAMOAH vs. OFORI ALIAS RENNER
The plaintiff, appointed successor under customary law to the late Alfred Mark Ofori, sought to revoke letters of administration with will annexed granted to the defendant, the deceased's eldest son, and to obtain fresh letters of administration. The deceased died partly testate, with a will disposing only of a parcel of land, leaving personalty intestate. A prior judgment determined the plaintiff as lawful successor. The defendant held letters of administration granted on the basis of customary succession, but the plaintiff contested this, asserting his right as successor appointed by the family under customary law.
read moreJUDGMENT OF OLLENNU J. This action was brought by the plaintiff in his capacity as successor duly appointed in accordance with customary law to the late Alfred Mark Ofori, also known as Emmanuel Etiemo, late of Aburi, Akwapim. It is for an order revoking letters of administration with will annexed, granted to the defendant, and for a further order granting fresh letters of administration in respect of the same estate to the plaintiff. The defendant is the eldest son of the deceased Alfred Mark Ofori. His said father died on or about the 12th November, 1954, and the letters in question were granted to him by this court on or about the 18th March, 1955; the letters of administration with will annexed are exhibit A. The said Alfred Mark Ofori died leaving a will; but the only property which that will purported to dispose of is a piece or parcel of land situate at Aduasa in Western Akim; it made no disposition of any personalty either by bequest of specific chattels or of residu...