[1963]DLHC12170 • June 28, 1963 • High Court
HAUSA vs. HARUNA
The plaintiff, claiming to be the only surviving wife of the late Alhaji Iddi of Tamale, sought letters of administration to his estate, asserting entitlement under Mohammedan law. The defendant, claiming to be the nephew of the deceased, opposed the application based on Gonja native customary law. The deceased died intestate in February 1962, survived by the plaintiff and his only sister, Memuna Bakoa. The dispute centered on who was the proper person entitled to administer the estate.
read moreLASSEY J. The proceedings in this administrative suit commenced with a motion filed by the plaintiff in this court under Order 60, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954, 1 for a grant of letters of administration to her to administer the estate of her husband, the late Alhaji Iddi of Tamale who died in February 1962. Against the plaintiff’s said application the defendant, who claims to be the nephew of the deceased, entered a caveat. Upon the parties failing to come to any agreement between them the procedure laid down under Order 60, rr. 18 and 20 of the Supreme [High] Court (Civil Procedure) Rules, 19542 was followed, and the plaintiff issued a writ of summons against the caveator under the provisions of rule 21 (2) of the said order. The plaintiff’s claim is for a declaration that she is entitled to a grant of letters of administration in respect of the estate of her husband Alhaji Iddi (deceased). After the pleadings had closed, the plaintiff filed ...