[1977]DLCA1388July 21, 1977Court of Appeal

PLANGE vs. PLANGE

Bart Kojo Plange died intestate on 16 May 1964 at Accra. He had married the plaintiff first under customary law in 1949 and later under the Marriage Ordinance on 4 December 1954. After his death, the widow applied for letters of administration. The deceased’s brother entered a caveat, and a sister was later joined. The central dispute was whether a girl, Alice, said to have been adopted by the plaintiff and the deceased under customary law before the ordinance marriage, was in law their adopted child. The widow contended that Alice had been validly adopted with the consent of her natural father and had thereafter been treated publicly and consistently as the deceased’s daughter, including by renaming and educational support. The defendants denied any valid adoption and argued that Alice was merely the plaintiff’s niece. The determination of Alice’s status was crucial because it affected the widow’s beneficial interest in the estate and the proper persons to receive letters of administration. Portion of judgment: opening narrative beginning “Bart Kojo Plange died intestate on 16 May 1964 at Accra...” through the evidence recounting the alleged adoption ceremony, renaming, schooling, and family knowledge.

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JUDGMENT BY ANIN J. A. Bart Kojo Plange died intestate on 16 May 1964 at Accra, leaving behind a widow (the plaintiff-appellant herein) whom he married firstly under customary law in 1949 and subsequently under the Marriage Ordinance, Cap. 127 (1951 Rev.), on 4 December 1954. Upon his death, the plaintiff applied to the court below for letters of administration to administer his estate. The defendant, a brother of the whole blood to the deceased, entered a caveat to the plaintiff’s application and filed his affidavit of interest. As the parties could not agree on the proper person to whom letters of administration should be granted, the plaintiff, pursuant to the court’s order made under Order 60, r. 21 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), instituted this action. The co-defendant (a full sister of the deceased) was later joined upon her own application. In her statement of claim, the plaintiff disclosed that prior to their wedding in 1954 she ...