[1993]DLSC752 • December 14, 1993 • Supreme Court •
IN RE ASANTE (DECD); OWUSU vs. ASANTE
Major Rtd Kwame Asante died intestate on 3 April 1990, survived by his lawful wife Mrs Letitia Asante, nine children (some minors), his mother, and extended family. Mrs Letitia Asante and eldest son Yaw Asante applied for letters of administration. Mary Owusu, a concubine of the deceased and mother of two minor children by him, applied to be joined as co-grantee to protect her children's interests. The customary successor Philip Asante also applied and was joined without opposition. The High Court granted letters of administration jointly to all four applicants. Letitia Asante appealed to the Court of Appeal, which removed Mary Owusu from the grant. Mary Owusu appealed to the Supreme Court.
read moreMajor (Rtd) Kwame Asante died on 3 April 1990. A few months afterwards the surviving spouse, Mrs Letitia Asante, and the eldest son, Yaw Asante, applied to the High Court, Accra for letters of administrator 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 Mrs Letitia Asante, the spouse. On 14 June 1991, the High Court (Kyemenu-Caiquo J) 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 hav.....