IN RE GYAN-FOSU(DECD.); BOAFO vs. AKWATIA-PEKOH III

Sowah J. A. delivered the judgment of the court. The short facts of this case are that after the death of one Kwaku Gyan-Fosu also known as Nana Afriyea Ababio, Krapahene, in 1963, the royal family of the Krapa stool elected his cousin Akua Kunadu as his successor and authorised her to apply for letters of administration to administer his estate which she accordingly did. A caveat was entered on the application by the present appellant who contended that the deceased was not a member of the royal family of Krapa and that he was the proper person entitled to letters of administration. During the course of the proceedings Akua Kunadu died and was substituted by Nana Owusu Akwatia-Pekoh. III, the Krapahene. The applicant and the caveator hail from two different geographical areas in Ghana; the applicant being an Ashanti from Krapa near Ejisu and the caveator from Abomosu in the Akim Abuakwa state. Each contestant was supported by his family and there was no question that each had been ...