[1992]DLCA2030 • April 2, 1992 • Court of Appeal
IN RE ASANTE (DECD.); ASANTE AND ANOTHER vs. OWUSU
The late Major Rtd. Kwame Asante died intestate leaving a widow married under the Marriage Ordinance (monogamous marriage) and several children, including children from other women. The widow and eldest son applied for letters of administration. The respondent, Miss Mary Owusu, mother of two minor children of the deceased, filed a caveat seeking to be joined as co-administratrix to protect her children's interests. The High Court granted letters of administration jointly to the widow, eldest son, respondent, and a customary successor. The appellants objected to the inclusion of the respondent, arguing she had no locus standi as a concubine and that the eldest son could protect all children's interests.
read moreJUDGMENT OF ESSIEM J.A. The late Major (Rtd.) Kwame Asante died leaving a widow whom he had married under the Marriage Ordinance, Cap. 127 (1951 Rev.). As it is well known the said Ordinance governs monogamous marriages. It appears from the evidence that the late Major (Rtd.) Asante did not observe the strict monogamous nature of the type of marriage he engaged in because he had issues with other women. One of such women is the respondent in this appeal. After the death of the late Major (Rtd.) Asante his wife Mrs. Letitia Asante and a son, Yaw Asante (an adult), applied ex parte under Order 60 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) for the grant of letters of administration. The application was granted by the High Court, coram Kyemenu-Caiquo J. The court took notice of the fact that the late Major Kwame Asante was survived by six children who were minors. On 5 February 1991 Mr. D. O. Lamptey as solicitor filed a “notice to prohibit grant of probate or administ.....