[1991]DLHC2031September 10, 1991High Court

IN RE KORANTENG-ADDOW (DECD); KORANTENG-ADDOW vs. ADDOW

The case concerns the grant of letters of administration to administer the estate of the deceased Dr. Gustav Koranteng-Addow. The applicant, a son of the deceased, initially applied jointly with another person but later withdrew and reapplied alone. The caveator, a paternal brother of the deceased, opposed the grant, asserting customary family rights and the existence of other surviving children. The dispute centers on who is entitled to administer the estate, considering the deceased's matrilineal and patrilineal family ties and the identity of surviving children.

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JUDGMENT OF OMARI-SASU J. This is a summary determination of who is entitled to grant of letters of administration to administer the estate of Dr. Gustav Koranteng-Addow (Decd.) pursuant to Order 2(14) of the Probate and Administration Rules, 1991 (L.I. 1515). The applicant is a son of the deceased intestate and the caveator is a paternal brother of the deceased. From the records of the court the applicant originally made an application with one Captain Joshua Michael Mireku Agyekum for joint letters of administration on 12 September 1988, but when the application was called on 11 October 1988 both applicants were absent and their counsel, Miss Naana Nketia, prayed for an adjournment. The application was thus adjourned to 17 October 1988. On this date the two applicants were again absent. Their counsel then prayed for the withdrawal of the application with liberty to come back and the application for withdrawal was granted. Subsequently, the applicant came back but this time he came...