[1974]DLHC2286 • July 25, 1974 • High Court
IN RE CAESAR (DECD.); CAESAR AND ANOTHER vs. KWAPONG AND ANOTHER
The plaintiffs, two of fourteen children of the deceased Emmanuel Kwaku Caesar who died intestate on 11 June 1969, challenged the validity of letters of administration granted to their sister, the first defendant, and its subsequent transfer to the Administrator-General. The first defendant was appointed by family consensus at a meeting to apply for letters of administration. The plaintiffs alleged that the grant was invalid due to non-disclosure of the existence of two wives and infant beneficiaries, which they claimed amounted to fraud.
read moreThe plaintiffs are seeking an order revoking the letters of administration granted to the first defendant and the subsequent transfer of the said letters to the Administrator-General on the ground that the grant and the transfer were not valid. In the alternative they ask for distribution among the beneficiaries of the estate of Emmanuel Kwaku Caesar who died intestate on 11 June 1969. After summons for directions had been taken, additional issue (iii) was set down for legal arguments as it was believed a decision on it would decide the whole case. That issue read, “Whether or not the grant of letters of administration to the first defendant was void ab initio.” The plaintiffs are two of the fourteen children of the deceased. The first defendant is their sister. At a family meeting held at Big Ada on 1 September 1969, the first defendant, Mrs. Evelyn Kwapong (nee Caesar) the eldest child of the deceased was appointed by the family and authorised to apply for and take out lett...