[1981]DLCA2135 • July 6, 1981 • Court of Appeal
IN RE AGYEPONG (DECD.); POKU vs. ABOSI AND ANOTHER
The appellant applied for letters of administration for the estate of her late husband, J.K. Agyepong. Caveats were filed by three parties disputing the extent of the estate and the appellant's right to administer it. The caveators claimed certain properties belonged to others (Afua Donkor, Broadway Cinema and Hotel Co., Ltd., and Kwame Abosi as family successor). The High Court granted letters of administration to the appellant, removing caveats. The respondents appealed, challenging the grant and the appellant's status as lawful widow, alleging fraud and disputing the validity of the marriage under the Marriage Ordinance.
read moreJUDGMENT OF JIAGGE J.A. The appellant, by an ex parte motion, applied to the High Court, Kumasi, for letters of administration in respect of the estate of her late husband and on the orders of the court the usual notices were posted. Three caveats were entered. The first caveat was entered by Afua Donkor of Kumasi who disclosed in her affidavit that house No. BA 147, Kumasi, was assigned to her on 9 June 1970 by the deceased J. K. Agyepong and that the said house should not be included in the list of properties belonging to the deceased at the time of his death. The second caveat was entered by Broadway Cinema and Hotel Co., Ltd. One Emmanuel Victor Addo-Boamah who described himself as a law clerk of Benyin Chambers, Kumasi swore to an affidavit stating that: “I am informed and verily believe that the under-mentioned properties belong to the Broadway Cinema and Hotel Co., Ltd.: (a) Zenith Hotel, Takoradi. (b) Prempeh Cinema Palace, Takoradi. (c) Gyandu Cinema Palace, Se.....