PLANGE vs. PLANGE

JUDGMENT OF OLLENNU J.A. The plaintiff was married to the late Kojo Plange, deceased, under the provisions of the Marriage Ordinance, Cap. 127 (1951 Rev.); her husband died on 16 May 1964 - intestate, whereupon she applied to the court for letters of administration to administer his estate. The first defendant, a brother of the whole blood to the deceased, entered a caveat to the plaintiff’s application and filed affidavit of his interest. As the parties could not agree on the person to whom letters of administration should be granted, the plaintiff, in conformity with an order of the court made pursuant to Order 60, r. 21 (2) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), instituted this action. The co-defendant, a sister to the deceased, was joined upon her own application. In paragraphs (3) and (4) of her statement of claim the plaintiff pleaded as follows: “(3) Prior to the said marriage the plaintiff and the defendant’s brother had adopted a ...