[1993]DLCA4320May 17, 1993Court of Appeal

APPAU vs. OCANSEY AND ANOTHER

Isaac Nkansah Appau died intestate on 6 January 1988, leaving a widow and four children, all minors. Shortly after his death, his brother (the respondent) sold two cars belonging to the deceased before letters of administration were granted. The widow (appellant) applied for letters of administration and filed an application to punish the brother for intermeddling in the estate. The High Court granted joint letters of administration to the widow, the brother, and another person but dismissed the intermeddling application. The appellant appealed the dismissal.

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BROBBEY JA. One Isaac Nkansah Appau died intestate on 6 January 1988. He left behind a widow with whom he had three children and a fourth child by another woman. All the children were minors when he died. Not long after he had died, his brother sold two cars belonging to the deceased. On 7 June 1988 his widow applied for letters of administration to administer the estate of the late Appau. On the same day, she filed an application in the Kumasi High Court for the brother to be punished for intermeddling in the estate. Exactly two days after those applications had been filed, the brother too filed an application for the grant of letters of administration in respect of the same estate. Eventually the High Court granted letters of administration jointly to the widow, the brother and one Kojo Agyemang. The widow however pursued the application for intermeddling in the estate against the brother by name Eric Ocansey alias Kwame Boakye. The High Court dismissed the application. It was aga...