ANYINAM vs. MENSAH

JUDGMENT OF OMARI-SASU J. From the amended indorsement on the plaintiff’s writ of summons, the plaintiff has among other relief’s prayed for: “(a) An order revoking the letters of administration granted to the defendant to administer the estate of Kwabena Ofosu alias Kwabena Kufour (deceased).” I should like to observe from the onset that no citation was filed by the plaintiff either before or at the time he commenced the present action calling on the defendant to bring his letters of administration to the registry of this honourable court and show cause why the letters of administration should not be revoked. After the close of pleadings and summons for directions had been taken, formal hearing of the case commenced after which the plaintiff closed his case. It was at this stage that learned counsel for the defendant raised a preliminary legal objection to the trial. The substance of the said objection is that in an action in which a plaintiff seeks, inter a...