AMPOMA (DECD.); OPPONG AND OTHERS vs. OPPONG AND ANOTHER

JUDGMENT OF AMPIAH J.A. This is a matter involving the estate of the late Sampson Kwame Oppong Ampoma who died intestate on 12 May 1984. Letters of administration in respect of the estate were taken by the respondents (hereinafter referred to as the administrators) on 3 March 1986. The estate was alleged to have been distributed on 31 March 1986. This is an application by summons brought by the applicants against the administrators under Order 60, r. 40 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). An initial writ of summons taken by the applicants against the administrators was abandoned. Order 60, r. 40 of L.N. 140A provides that: “40. A person claiming to be a creditor or legatee, or the next of kin, or one of the next of kin of a deceased person, may apply for and obtain a summons from the Court requiring the executor or administrator (as the case may be) of the deceased to attend before the Court and show cause why an order for the administration of .....