[2011]DLCA6647 • March 10, 2011 • Court of Appeal
AWO YAA MENSAH vs. MARY ASANTEWAA & ANOR.
ABBAN (MRS), J.A. This is an appeal from a judgment of the High Court, Accra, delivered on the 5th day of August, 2009. The judgment went against the defendants (hereinafter referred to as the Appellants) and being dissatisfied, they have appealed against the said decision to this court. The facts that have culminated into this appeal are as follows: The defendants who are the sister and the eldest son of Madam Mary Oparebea (deceased) who died in March 2008, applied for Letters of Administration after the death of Madam Oparebea in respect of her estate including House No. 2, Mukose Street, Tesano. Their application was granted in August 2008. The plaintiff (hereinafter referred to as the Respondent) who claimed to have an interest in the estate of the deceased filed a caveat against the grant of Letters of Administration, but the caveat was removed on an application by the appellant herein. At the time the removal took place, the respondent claimed that though she had filed ...