RE ASANTE, OWUSU vs. ASANTE

Major (rtd) Kwame Asante died on 3/4/90. A few months afterwards the surviving spouse, Letitia Asante, and the eldest son, Yaw Asante, applied to the High Court, Accra for letters to administer the estate of the deceased. Madam Mary Owusu, described as a concubine or a girlfriend of the deceased, applied to be joined as a co-grantee in the interest of her two children with the deceased, both of whom are minors. The customary successor, Philip Asante, also applied to be joined in his capacity as the successor. The latter’s application was not opposed but that of Mary Owusu was fiercely contested especially by Letitia Asante, the spouse. On 14/6/91, the High Court granted the letters of administration to all four applicants jointly. Yaw Asante and Letitia Asante appealed to the Court of Appeal against the order of the High Court claiming principally that Mary Owusu had no locus standi in the proceedings and ought not to have been joined to the grant. Philip Asante did not appeal. Yaw .....