IN RE ENNIN ALIAS BODOM (DECD.); NTI vs. SERWAAH

JUDGMENT OF ROGER KORSAH J. The applicant’s father died about fifteen years ago. By his will dated 12 April 1947 he appointed one Emmanuel Kofi Agyepong of Abuakwa Kumasi, as his sole executor, and devised the whole of his estate to the applicant. The executor entered upon the estate and managed it without taking out probate. With his neglect of the farms comprising part of the estate, the said farms reverted to fallow land. Emmanuel Kofi Agyepong, the executor, died in or around 1976, and on 19 August 1977 the applicant filed an ex parte application for the grant of letters of administration with the will of Paul Ennin annexed. Notices pending the grant were duly filed in compliance with the orders of this court. On 20 June 1979, before any grant could be made by the court, two persons: Opanin Kwabena Mmire and Madam Amma Serwaah both of Abuakwa, Kumasi, jointly caveated the grant of letters to the applicant. The caveator and caveatrix filed their separate affidavits of i.....