IN THE MATTER OF THE ESTATE OF SULEMANA IBUN IDDRISSU (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WINIFRED, AND AMIN ABDUL IDDRISSU FOR THE GRANT OF LETTERS OF ADMINISTRATION. WINIFRED IDDRISSU (APPELLANT) AND LUCKMAN IDDRISSU

The deceased, Sulemana Ibun Iddrissu, died intestate on 27 April 1994. The appellant, Winifred Iddrissu, and Amin Abdul Iddrissu applied for Letters of Administration to administer the estate. The appellant claimed to be the sole surviving spouse, supported by a customary marriage registration certificate dated 12 August 1992, in which the deceased declared no other existing marriages. The respondent, Luckman Iddrissu, filed a caveat claiming the deceased had multiple wives and that the grant should not be made solely to the appellant and her child. The High Court granted a joint Letters of Administration to the appellant, Luckman, and a customary successor, which the appellant appealed.

ESSILFIE-BONDZIE, J.A.: On the 1st December, 1998 the appellant Winifred Iddrissu and Amin Abdul Iddrissu applied to the High Court presided over by Mr. Justice W.K. Andah for the grant of Letters of Administration to enable them to administer the estate of Sulemana Ibun Iddrissu deceased, who died intestate on 27th April, 1994 in Accra. The application was brought pursuant to Order 2 rule 6 of the Probate and Administration Rules, 1991, LI.1515 which prescribes the order of priority for the grant of Letters of Administration in respect of the estates of a person who died intestate after the enactment of the Intestate Succession Law, 1985, PNDC LAW 111 on 14th June, 1985. The rule is as follows:— "Where the deceased died intestate on or after 14th June, 1985. The persons having a beneficial interest in the estate of the deceased shall be entitled to grant of Letters of Administration in the following order of priority" (The emphasis is mine) (a) The surviving spouse (b) Survi.....