[2018]DLHC3969 • May 8, 2018 • High Court
APPRO GHANA LTD vs. ERIC YAW SARPONG BERKU AND ANOR AND MAVIS FOSUAH AND ISAAC ANKOBEA SARPONG
The applicant, Mavis Fosuah, sought substitution for the deceased 2nd defendant in a civil suit, claiming to be the customary successor and aiming to protect the deceased's family interests. The plaintiff and an interested party, Isaac Ankobea Sarpong (biological son and court-appointed administrator of the deceased's estate), opposed the application, asserting that only the administrator has the legal capacity to be substituted.
read moreThis is an application for substitution pursuant to Order 4 rule 6 of the High Court (Civil Procedure) rule 2004, CI 47. The applicant, Mavis Fosuah is praying the court to substitute her for the 2nd defendant herein who is now deceased. According to the applicant, she has filed this application in her capacity as the customary successor of the 2nd defendant and she is doing so in her desire to protect the interest of the family of the deceased. The plaintiff is opposed to the application, likewise an interested party, one Isaac Ankobea Sarpong. The plaintiff/respondent’s beef is that the applicant is not the right person to substitute the 2nd defendant. Counsel for the respondent contends that the interested party who happens to be the biological son of the 2nd defendant herein is the one appointed as the administrator of the estate of the 2nd defendant per the letters of administration exhibited in this court. Counsel submits that where there is conflict as to who should be subs.....