[1991]DLHC2010 • May 31, 1991 • High Court
ESSILFIE AND ANOTHER vs. QUARCOO
Theophillia Alaba Codjoe died intestate on 28 November 1986. The plaintiffs, claiming to be the mother and customary successors of the deceased, applied for letters of administration to her estate. The defendant, who caveated, claimed to be the deceased's husband under Fanti customary law and father of her children. The parties disputed who was better entitled to administer the estate.
read moreJUDGMENT OF LUTTERODT J. Theophillia Alaba Codjoe died intestate on 28 November 1986. When the plaintiffs applied for a grant of letters of administration to administer her estate the defendant caveated. Because the parties could not come to an agreement between themselves as to the person or persons to whom a grant ought to be made, the plaintiffs were ordered to take out a writ for a determination of the usual question in cases of this kind, i.e. as to who is better entitled to a grant. The plaintiffs herein base their claim for that relief and also for other consequential reliefs on the following: (1). That they are the mother and head of the immediate family, and sister and customary successor to the deceased person. (2). That the whole of the deceased’s estate devolves on them. (3). That the defendant being the deceased’s concubine has no interest whatsoever in the estate. The defendant on the other hand contends that: (1) He was the husband of the deceased and that the...