RE ASANTE, ASANTE vs. OWUSU

The late Major Kwame Asante (retired) died leaving a widow whom he had married under the Marriage Ordinance 1884 (Cap 127). As it is well known, the said Ordinance governs monogamous marriages. It appears from the evidence that the late Major Asante did not observe strictly the monogamous nature of his marriage because he had issues with other women. One of such women is the respondent in this appeal. After the death of the late Major Kwame Asante, his wife Mrs Letitia Asante and his son, Yaw Asante, an adult, applied for the grant of letters of administration. The application was granted by the High Court, coram Kyemenu-Caiquo (Miss). The court took notice of the fact that the late Major Kwame Asante was survived by six children who were minors. On 5/2/91 Mr D O Lamptey, a solicitor, filed a “Notice to Prohibit Grant of Probate or Administration” on behalf of Miss Mary Owusu of House No 14 Tesano, Accra. Notice of this caveat was served on the said Mrs Letitia Asante and Yaw Asa...