[1965]DLSC1785 • March 15, 1965 • Supreme Court •
BENG AND ANOTHER vs. POKU
The case concerns the grant of letters of administration for the estate of the deceased Kofi Beng, also known as Okomfo Kofi Beng. The plaintiff (first appellant) applied for letters of administration claiming succession under Krachi customary law, asserting the deceased's parents migrated from Krachi. The first and second defendants (respondent and second appellant) contested the claim, asserting the deceased was Ashanti and succession governed by Akan customary law. The deceased had distributed some property shortly before death and appointed the second defendant as successor to manage the residue of the estate. The High Court dismissed the plaintiff's and second defendant's claims and granted letters to the first defendant. Both the plaintiff and second defendant appealed.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The proceedings which have culminated in this appeal commenced in the High Court, Kumasi, with an application by the plaintiff, the first appellant herein, for a grant of letters of administration in respect of the estate of his deceased father, Kofi Beng, also known as Okomfo Kofi Beng. Caveat to the said application was first entered by the first defendant, the respondent herein, and later another was entered by the second defendant, the second appellant herein, each of whom claimed to be the proper person entitled to the grant of letters in respect of the estate. After the preliminary proceedings required by the rules of procedure applicable to the High Court in administration matters had been completed and writ of summons issued by the plaintiffs, pleadings were filed, and the matter proceeded to trial.. The plaintiff based his claim upon facts pleaded in paragraphs (2), (3), (5) and (6) of his state...