[1973]DLHC2390 • March 30, 1973 • High Court
IN RE KARIYAVOULAS (DECD.); DONKOR vs. GREEK CONSUL–GENERAL
The case concerns the grant of letters of administration in respect of the estate of Andreas Kariyavoulas, a Greek national who died intestate in Greece. The applicant, Adjuah Donkor, married the deceased under Ghanaian customary law and applied for letters of administration as next friend of her two children, who are recognized as Greek nationals. The Greek Consul-General opposed the application, contending that the customary marriage was illegal under Greek law and that he, as Consul-General, was the proper person to administer the estate for the benefit of relatives in Greece and the children. The dispute involved issues of personal law, jurisdiction, and the validity of customary marriage in the context of succession.
read moreOn 29 January 1972, a motion was filed by counsel for the applicant for letters of administration in respect of the estate of one Andreas Kariyavoulas. On 1 February 1972, Edusei J. dismissed the application on the ground that: “In view of the averments in the affidavit, I do not think the applicant who married the deceased, a Greek national, according to customary law, is the proper person to ask for letters of administration ...” On 8 February 1972, counsel for the applicant applied for letters of administration and filed an authority issued by the applicant Adjuah Donkor also known as Adjuah Kariyavoulas as next friend of her two children, issues of the deceased Andreas Kariyavoulas. On 20 February 1972, Edusei J. refused the application. On 20 October 1972, counsel filed another ex parte motion under paragraph (a) of rule 1 of Order 60 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), for the grant of letters of administration. On 6 November 1972, th...