[1996]DLCA568December 12, 1996Court of Appeal

IN RE KORANTENG-ADDOW (DECD); KORANTENG-ADDOW vs. KORANTENG

The appellant, a natural child of the deceased Dr Gustav Koranteng-Addow, applied for letters of administration to administer the deceased's estate. The respondent, a paternal brother of the deceased, caveated. The trial judge found that the deceased was survived by four children, including three women whose status as children was disputed by the appellant. The appellant challenged the number of children and the appointment of the caveator as co-administrator, leading to this appeal.

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JUDGMENT OF WOOD JA. The appellant, who is a natural child of the deceased, Dr Gustav Koranteng-Addow, applied for letters of administration to administer his estate. The respondent, a paternal brother of the deceased, caveated. After a summary determination of the question of which of the two persons is entitled to the grant, the trial judge concluded the matter as follows: “I accordingly hold and find as a fact that the deceased intestate was survived by the four children mentioned by the caveator. I also order that from the affidavit, evidence and other exhibits placed at my disposal, letters of administration should be jointly granted to the applicant, the caveator and to Mr Reynolds Mfodwo Koranteng (the two customary successors) to administer the estate of the deceased jointly for and on behalf of those who are in law beneficially entitled to enjoy the estate of the deceased.” The appellant however was dissatisfied with these crucial findings, namely (1) the numbe...