REPUBLIC vs. HIGH COURT, ACCRA EX PARTE ABBAN

John Kwegyir Abban died intestate on 9 October 1991, survived by four children. Letters of administration were granted to the applicants on 3 December 1991 by the High Court, Accra (Aryeetey J). Subsequently, Frank Abban, the deceased's elder brother and customary successor, was joined as co-administrator by the High Court (Sampson J). A dispute arose over possession of a Mercedes Benz car belonging to the estate, leading to court orders for its return. Frank Abban filed and later withdrew a motion to set aside the order for the car's release. The High Court then revoked the letters of administration granted to the applicants and appointed the Administrator-General as administrator of the estate without any allegation of fraud or irregularity in the original grant.

The applicants invoke the supervisory jurisdiction of this court by way of certiorari to quash the order of the High Court, Accra presided over by Sampson J, dated 2 June 1992 and “the resultant proceedings in the cause instituted, In the Matter of the Estate of John Kwegyir Abban (Deceased) (Suit No 2695/91 PD)”. The events leading to this application are as follows: On 9 October 1991 one John Kwegyir Abban, an engineer by profession, died and was buried at Saltpond on 30 November 1991. He died intestate and was survived by four children, namely Charles Abban, Paulina Abban, Janet Abban aged 26, 22, and 18 years respectively, and an infant, Apeatse Abban, aged 3 years. The estate of the deceased included two cars, one of which was Mercedes Benz car No ACR 2761. On 3 December 1991 the High Court, Accra, coram Aryeetey J, granted letters of administration to the applicants to administer the estate of the deceased, and on 3 February 1992 an elder brother of the deceased, Frank Abb...