DAVID NII ODOI ANNAN, EMMANUEL DANIEL ANNAN AND KADORE CHAMBERS ACCRA. vs. MADAM LYDIA ARYEE ACCRA

MARFUL-SAU,JA : This is an appeal taken against the judgment of the High Court, Accra dated the 27th May 2005. The brief facts of the case are that upon the death intestate of Griffiths Yarlai Mensah Annan on the 26th May 1987, his family met and appointed the plaintiffs/respondents herein after referred to as respondents, to apply for Letters of Administration to administer the estate. The defendant/appellant to be referred to as the appellant caveated the application for the Letters of Administration, claiming that she was a customary wife and entitled to be part of the administration of the estate of the deceased. The respondents then commenced this action praying the court to (a) strike out the Caveat filed by the appellant and (b) an order granting the respondents administration of the estate of the deceased. The case proceeded to trial and judgment was entered against the appellant. The court found that the appellant was not able to discharge the evidential burden she assumed to...