IN RE HERVIE (DECD.); ADDO vs. BOYE AND ANOTHER

JUDGMENT OF ABAKAH J. This is an application for an order to recall and revoke letters of administration granted in respect of the estate of the late Mary Afi Teiko Hervie. The grant was made to Kofi Boye and Bishop Dawutey, the respondents. The facts of this application as deposed to in the affidavit in support of and in opposition thereto are, in the main, undisputed. On 10 November 1986 a caveat was entered against an application by one Samuel Addo for letters of administration in the High Court, Accra in respect of the estate in question. In that application, the second respondent described himself as head of family. Whilst the caveat lasted, Samuel Addo died on 28 January 1987. On 5 February 1987 a writ was issued in the High Court, Accra against the first respondent because the first respondent was allegedly interfering with the estate. The first respondent’s application to be substituted for the deceased applicant was refused on 6 April 1987 whilst an application by.....